Downer EDI Mining Pty Ltd

[2014] FWCA 7134

FAIR WORK COMMISSION

DECISION

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

Downer EDI Mining Pty Ltd
(AG2014/7631)

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 10 OCTOBER 2014

Application for approval of the Downer EDI Mining Queensland District Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Queensland District Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Downer EDI Mining Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU).

[2] 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 CFMEU 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.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 17 October 2014. The nominal expiry date of the Agreement is 17 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Downer EDI Mining Pty Ltd, sought approval for the Downer EDI Mining Queensland District Agreement 2014 from the Fair Work Commission. This agreement, if approved, would govern the employment conditions for workers in the Queensland mining district. The application was made under the Fair Work Act 2009, which mandates that agreements must be certified by the Commission to be applicable to employees. The Fair Work Ombudsman intervened in the proceedings, expressing concerns about the fairness of certain provisions within the agreement.

The primary legal issues before the Commission were whether the agreement met the requirements set out in the Fair Work Act and if it was fair and reasonable for the employees it covered. The Ombudsman's primary concern was the "no disadvantage test" as outlined in section 233 of the Act, which requires that an agreement does not place employees at a disadvantage compared to the applicable award. The Commission had to evaluate the terms of the agreement against the relevant award to determine if any disadvantages existed.

In its decision, the Commission acknowledged the complexity of the agreement and the importance of ensuring fair terms for employees. After detailed analysis, the Commission found that the agreement did not place employees at a disadvantage compared to the applicable award. The Commission noted that the agreement contained provisions that were at least as favourable, if not more so, than the award in several respects. The Commission concluded that the agreement was fair and reasonable, and thus approved it under the Fair Work Act.

The Fair Work Commission granted approval for the Downer EDI Mining Queensland District Agreement 2014. The decision highlighted that the agreement was compliant with the legislative requirements and was fair and reasonable for the employees it covered. This ruling ensures that the agreement can now be applied to the relevant employees, providing them with the specified employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established