Downer EDI Mining Pty Ltd

[2014] FWCA 7134

[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

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