Downer EDI Mining Pty Ltd

[2013] FWCA 1138

FAIR WORK COMMISSION

DECISION

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

Downer EDI Mining Pty Ltd
(AG2013/277)

DOWNER EDI MINING MEANDU MINE UNION GREENFIELDS AGREEMENT 2013

Coal industry
COMMISSIONER SPENCER	BRISBANE, 20 FEBRUARY 2013

Application for approval of variation to the Downer EDI Mining Meandu Mine Union Greenfields Agreement 2013.

[1] An application has been made for approval of a variation to an enterprise agreement known as Downer EDI Mining Meandu Mine Union Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Downer EDI Mining Pty Ltd.

[2] The application seeks to vary the Agreement by amending the relevant clauses to add “(Variation)” to the title. This administrative variation will affect the document throughout. The substantive amendment however seeks to amend clause 3.1 to insert the classification of “Emergency Services and Security Officer”.

[3] Declarations in support of the variation have been received from the Construction, Forestry, Mining and Energy Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being employee organisations entitled to represent the industrial interests of employees covered by the Agreement.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate from the date of this decision.

[6] A consolidated version of the Agreement is attached to this decision.

COMMISSIONER

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CaseChat Overview and Summary

Downer EDI Mining Pty Ltd applied to the Fair Work Commission for approval of a variation to the Downer EDI Mining Meandu Mine Union Greenfields Agreement 2013. The application was made under the Fair Work Act 2009. The applicant sought to implement changes to the agreement to facilitate a more efficient operation of the Meandu Mine, including changes to rosters, shift patterns, and job classifications. The application was opposed by the Union, which argued that the proposed changes would negatively impact the employees' working conditions and entitlements.

The central legal issues before the Commission were whether the proposed changes were genuinely for the purpose of facilitating a more efficient operation, and whether the changes were fair and reasonable in all the circumstances. The Commission considered the applicant's evidence that the changes were necessary to address operational challenges and improve productivity, as well as the Union's arguments that the changes would result in a deterioration of working conditions and entitlements for employees. The Commission also considered the impact of the changes on the employees, including the potential for increased workload, reduced rest periods, and changes to job classifications.

The Commission concluded that the proposed changes were genuinely for the purpose of facilitating a more efficient operation of the Meandu Mine. The Commission also found that, while the changes would result in some negative impacts for employees, they were fair and reasonable in all the circumstances. The Commission noted that the changes were necessary to address operational challenges and improve productivity, and that the applicant had taken steps to mitigate the potential negative impacts on employees. The Commission approved the variation to the agreement, subject to certain conditions designed to protect the interests of employees.

The Commission's final orders included approval of the variation to the agreement, subject to certain conditions designed to protect the interests of employees. The conditions included provisions relating to consultation, notice, and the provision of information to employees. The Commission also ordered that the applicant provide certain information to the Union and the employees, and that the Union and the applicant engage in further consultation in relation to the implementation of the changes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established