DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Downer EDI Mining Pty Ltd
(AG2015/693)

DOWNER EDI MINING BLASTING SERVICES QUEENSLAND COAL GREENFIELDS AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 APRIL 2015

Application for approval of the Downer EDI Mining Blasting Services Queensland Coal Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Blasting Services Queensland Coal Greenfields Agreement 2015 (the Agreement). The application was made pursuant to s.185(1A) of the Fair Work Act 2009 (the Act). The Agreement has been made by Downer EDI Mining Pty Ltd, an employer covered by the Agreement, and is a greenfields agreement made pursuant to s.172(4).

[2] The Agreement is made with the Construction, Forestry, Mining and Energy Union pursuant to s.172(2)(b) of the Act.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular I am satisfied that the employee organisation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement, in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 April 2015. The nominal expiry date of the Agreement is 17 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Downer EDI Mining Pty Ltd to the Fair Work Commission for approval of the Downer EDI Mining Blasting Services Queensland Coal Greenfields Agreement 2015. The application arose from negotiations between the applicant and the relevant union, which resulted in an enterprise agreement that was to govern the terms and conditions of employment for blasting services employees within the Queensland coal greenfields. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was appropriately certified and met the criteria for approval as a new enterprise agreement. This required the Commission to determine if the agreement was genuinely negotiated, if it complied with the procedural requirements set out in the Act, and if it contained the appropriate provisions to be considered fair and reasonable. Additionally, the Commission had to consider whether the agreement provided adequate protections for employees and whether it was likely to promote harmonious, productive, and economic workplace relations.

The Commission found that the agreement was genuinely negotiated and contained all necessary provisions for approval. The agreement was certified by an independent certifier who confirmed that the agreement met the requirements of the Act and was fair and reasonable. The Commission also noted that the agreement provided appropriate protections for employees, including provisions for minimum wages, penalties, and dispute resolution mechanisms. The Commission concluded that the agreement was likely to promote harmonious, productive, and economic workplace relations. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Downer EDI Mining Blasting Services Queensland Coal Greenfields Agreement 2015, certifying it as a new enterprise agreement. The Commission's decision was based on the genuine negotiation of the agreement, its compliance with the procedural requirements of the Act, and the presence of adequate employee protections. The agreement was also found to be fair and reasonable and likely to promote harmonious, productive, and economic workplace relations.

Downer EDI Mining Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established