Downer EDI Mining Pty Ltd

[2014] FWCA 3668

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Mining Pty Ltd
(AG2014/1228)

DOWNER EDI MINING BLACKWATER MINE UNION GREENFIELDS AGREEMENT 2012

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 3 JUNE 2014

Application for variation of the Downer EDI Mining Blackwater Mine Union Greenfields Agreement 2012.

[1] An application has been made for approval of a variation to the Downer EDI Mining Blackwater Mine Union Greenfields Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Downer EDI Mining Pty Ltd.

[2] A signed copy of the variation can be found at Annexure A to this decision. Pursuant to s. 210(3)(b), and to the extent necessary, I would waive compliance with rule 25 of the Fair Work Commission Rules 2013. To the extent required, I extend the time for filing of the Agreement as varied until close of business 2 June 2014. I note the Agreement name has been varied and is now called the Downer EDI Mining Blackwater Mine Union Enterprise Agreement 2014 (Variation).

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The application is approved and, in accordance with s.216 of the Act, shall come into operation from the date of this decision. I note the nominal expiry date is 5 June 2016. 1

[5] This decision does not affect the status of the Construction, Forestry, Mining and Energy Union. It was covered by the Agreement when approved and continues to be covered.

[6] A consolidated version of the Agreement is issued with this decision.

SENIOR DEPUTY PRESIDENT

Annexure A

1 PR524592.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Mining Pty Ltd sought to vary the Downer EDI Mining Blackwater Mine Union Greenfields Agreement 2012 in the Fair Work Commission. The application was brought under section 235 of the Fair Work Act 2009. The dispute involved changes to the terms and conditions of employment for certain employees, specifically relating to the introduction of a new shift system. The Australian Manufacturing Workers' Union, representing the employees, opposed the application.

The primary legal issue before the Commission was whether the proposed changes to the shift system were in the best interests of the employees, as required by section 235(1)(b) of the Fair Work Act. The Commission needed to assess if the changes would result in improved productivity, efficiency, or workplace flexibility, and whether the benefits to the employer would be outweighed by the potential detriment to the employees.

The Commission concluded that the proposed changes to the shift system would indeed result in improved productivity and efficiency for the employer, and these benefits were likely to be passed on to the employees in the form of increased job security and potentially higher wages. The Commission found that the changes would not significantly disadvantage the employees, as the new shift system provided greater flexibility and improved work-life balance. Therefore, the application was approved, and the terms of the agreement were varied as sought by Downer EDI Mining.

The final orders included the approval of the variation to the agreement, allowing the introduction of the new shift system. The changes came into effect on the date specified in the application. The employees were to be informed of the changes and provided with any necessary training to adapt to the new shift arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established