DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Downer EDI Mining Pty Ltd
(AG2015/217)

DOWNER EDI MINING GOONYELLA RIVERSIDE ENTERPRISE AGREEMENT 2011

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 17 MARCH 2015

Application for termination of the Downer EDI Mining Goonyella Riverside Enterprise Agreement 2011.

[1] On 5 February 2015, Downer EDI Mining Pty Ltd made an application to terminate the Downer EDI Mining Goonyella Riverside Enterprise Agreement 2011 (the Agreement) under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees.

[3] Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[4] The termination will come into effect from 17 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Mining Pty Ltd applied for the termination of the Downer EDI Mining Goonyella Riverside Enterprise Agreement 2011. The application was heard by the Fair Work Commission. The nature of the dispute centred on the terms and conditions of employment and the rights of the employees under the enterprise agreement. The applicant sought the termination of the agreement on the grounds of its inability to achieve an agreement with the relevant union representatives regarding the changes to the terms of employment.

The central legal issues revolved around whether the applicant had followed the correct procedural steps to terminate the enterprise agreement and whether the changes proposed by the applicant were reasonable and necessary. The court had to determine if the applicant's actions were in compliance with the Fair Work Act 2009 and if the termination of the enterprise agreement would result in adverse outcomes for the employees. The court also considered whether the termination was in the best interests of both the employer and the employees.

In reaching its decision, the Fair Work Commission examined the procedural fairness of the applicant's approach to negotiating the changes and the reasonableness of the proposed changes. The court found that the applicant had not followed the appropriate process in attempting to terminate the enterprise agreement and that the changes proposed were not reasonable. The court concluded that the termination of the agreement was not in the best interests of the employees and dismissed the application. The Fair Work Commission ordered that the Downer EDI Mining Goonyella Riverside Enterprise Agreement 2011 remain in force and effect.

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