Downer EDI Mining Pty Ltd

[2013] FWCA 2295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining Pty Ltd
(AG2013/807)

DOWNER EDI MINING SUNRISE DAM ENTERPRISE AGREEMENT 2012

Mining industry
COMMISSIONER WILLIAMS	PERTH, 16 APRIL 2013

Application for approval of the Downer EDI Mining Sunrise Dam Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Sunrise Dam Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Mining Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2013. The nominal expiry date of the Agreement is 16 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Downer EDI Mining Pty Ltd applied to the Fair Work Commission for approval of the Downer EDI Mining Sunrise Dam Enterprise Agreement 2012. This application arose from the necessity to regulate the terms and conditions of employment between Downer EDI Mining and its employees covered by the proposed enterprise agreement. The Fair Work Commission, as the tribunal tasked with overseeing the fair and equitable treatment of employees and employers alike, was called upon to determine whether the agreement met the legal criteria for approval.

The primary legal issues the court had to address were whether the agreement complied with the provisions of the Fair Work Act 2009, specifically sections relating to the process of making an enterprise agreement and the substantive provisions of the agreement itself. The court had to ensure that the agreement was made in good faith, that it had been properly negotiated, and that it contained the necessary minimum terms and conditions. Furthermore, the court had to verify that the agreement was free from any discriminatory provisions that would contravene the general protections provisions of the Act.

The court meticulously reviewed the process by which the agreement was negotiated, confirming that it was made in good faith and adhered to the requisite procedural steps. It also examined the substantive terms of the agreement, ensuring they met the minimum standards set by the Fair Work Act. The court found that the agreement contained all the necessary minimum terms and conditions, and it did not include any discriminatory provisions. Consequently, the court approved the Downer EDI Mining Sunrise Dam Enterprise Agreement 2012, finding it to be compliant with all legal requirements.

The final orders of the court were that the Downer EDI Mining Sunrise Dam Enterprise Agreement 2012 be approved, effective from the date of the decision, subject to any necessary modifications to comply with the Fair Work Act. This decision ensures that the agreement will govern the employment conditions of the relevant employees in accordance with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established