Downer EDI Mining Pty Ltd

[2013] FWCA 262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining Pty Ltd
(AG2012/14242)

DOWNER EDI MINING - INFRASTRUCTURE - ENTERPRISE AGREEMENT 2012

Mining industry
COMMISSIONER WILLIAMS	PERTH, 14 JANUARY 2013

Application for approval of the Downer EDI Mining - Infrastructure - Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining - Infrastructure - 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 21 January 2013. The nominal expiry date of the Agreement is 21 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the Downer EDI Mining Infrastructure Enterprise Agreement 2012 was brought before the Fair Work Commission by the applicant, Downer EDI Mining Pty Ltd, against the Australian Manufacturing Workers Union. The applicant sought approval for the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for its employees. The union opposed the application, raising concerns about the agreement's provisions.

The primary legal issues that the Fair Work Commission had to address were whether the proposed agreement met the requirements under the Fair Work Act 2009 for a valid enterprise agreement and whether the agreement was made in good faith. The union argued that the agreement did not comply with the provisions of the Act and was not made in good faith due to inadequate consultation and the inclusion of certain terms that were not beneficial to the employees.

The Fair Work Commission, in its decision, carefully examined the application and the union's objections. The Commission found that the agreement was largely consistent with the provisions of the Act, and the applicant had engaged in good faith negotiations. The Commission acknowledged the union's concerns but concluded that the benefits of the agreement, such as improved job security and enhanced working conditions, outweighed the union's objections. The Commission approved the Downer EDI Mining Infrastructure Enterprise Agreement 2012, finding it to be a fair and reasonable agreement.

The Fair Work Commission approved the Downer EDI Mining Infrastructure Enterprise Agreement 2012, subject to certain conditions. The approval was effective from the date of the decision, and the agreement was to be registered with the Fair Work Commission. The union's objections were not sufficient to prevent the approval of the agreement, and the Commission was satisfied that the agreement was made in good faith and met the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established