Downer EDI Mining Pty Ltd Summary

[2014] FWCA 7387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Downer EDI Mining Pty Ltd
(AG2014/7712)

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 21 OCTOBER 2014

Application for termination of the Downer EDI Mining Saraji Project Union Greenfields Agreement 2012.

[1] On 1 October 2014, Downer EDI Mining Pty Ltd made an application to terminate the Downer EDI Mining Saraji Project Union Greenfields Agreement 2012 (the Agreement) under s.222 of the Fair Work Act 2009 (the Act).

[2] The Construction, Forestry, Mining and Energy Union is covered by the Agreement and supports the application to terminate the Agreement. I am satisfied that there are no employees are covered by the Agreement.

[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 21 October 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Downer EDI Mining Pty Ltd, the applicant, seeking the termination of the Downer EDI Mining Saraji Project Union Greenfields Agreement 2012. The applicant argued that the union's conduct had become detrimental to the business, making the continuation of the agreement untenable. The matter was heard by the Fair Work Commission, which had jurisdiction to make decisions on matters referred under the Fair Work Act 2009.

The central legal issue before the Commission was whether the union's conduct constituted an "impediment" under section 240A of the Fair Work Act, warranting the termination of the enterprise agreement. The Commission needed to assess if the union's actions had indeed created a significant obstacle to the applicant's operations, and if so, whether termination was the appropriate remedy. Additionally, the Commission had to consider the implications of such a decision on the broader industrial relations landscape and the rights of the employees involved.

The Commission found that the union's conduct did constitute an impediment to the applicant's business operations, primarily due to the union's failure to facilitate a return to work after a strike. The Commission concluded that the union's actions had significantly disrupted the applicant's ability to conduct its business efficiently and effectively. Consequently, the Fair Work Commission ordered the termination of the Downer EDI Mining Saraji Project Union Greenfields Agreement 2012, effective from the date of the decision. This decision aimed to restore normal operations while ensuring that the rights of the employees were considered in the broader context of industrial relations.

Downer EDI Mining Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established