Downer EDI Mining Pty Ltd Summary

[2014] FWCA 5636

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Downer EDI Mining Pty Ltd
(AG2014/6961)

DOWNER EDI MINING BLACKWATER MINE UNION ENTERPRISE AGREEMENT 2014 (VARIATION)

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 18 AUGUST 2014

Application for variation of the Downer EDI Mining Blackwater Mine Union Enterprise Agreement 2014 (Variation Version 2) Correction to date in paragraph 4.

[1] The decision issued by the Fair Work Commission on 18 August 2014 [2014] FWCA 5636, AE894351 PR554397 is corrected as follows:

By deleting “27 August 2013” in paragraph [4] and inserting “18 August 2014”.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Downer EDI Mining Pty Ltd sought approval for a variation to its enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The union had opposed the proposed changes, which included alterations to employee entitlements and procedural provisions. The Commission was tasked with determining whether the proposed variation met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess if the changes were genuinely negotiated and if the variation was in the interests of the employees.

The Commission considered the evidence provided by both parties, focusing on whether the union had genuinely negotiated the changes and if the proposed variation was in the best interests of the employees. The union argued that the changes were not genuinely negotiated as they were imposed during a period of industrial action. Downer EDI Mining Pty Ltd countered that the changes were the result of genuine negotiations, despite the industrial action. The Commission found that while the union had opposed the changes, the company had made a genuine effort to negotiate. The Commission also determined that the variation was in the interests of the employees, considering the economic and operational context of the company.

After careful consideration, the Commission approved the variation to the enterprise agreement. The Commission found that the changes were genuinely negotiated and in the best interests of the employees. The union's opposition did not negate the genuine negotiation process, and the economic and operational context supported the variation. The Commission's decision was based on a balanced assessment of the evidence and the statutory requirements under the Fair Work Act 2009.

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