DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining Pty Ltd
(AG2018/7269)

DOWNER EDI MINING BLACKWATER MINE ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 18 JUNE 2019

Application for approval of the Downer EDI Mining Blackwater Mine Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Blackwater Mine Enterprise Agreement 2018 (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 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Electrical Trades Union, the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 18 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Mining Pty Ltd, the employer, sought approval of a proposed enterprise agreement with its employees. The dispute was heard by the Fair Work Commission, the relevant tribunal in employment matters. The proposed agreement, the Downer EDI Mining Blackwater Mine Enterprise Agreement 2018, was challenged on various grounds, including concerns about its fairness and compliance with statutory requirements.

The legal issues centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. Key points of contention included the process through which the agreement was negotiated, the fairness of the terms, and whether the agreement complied with the requirements of the Fair Work Act. The commission had to assess if the agreement was genuinely negotiated, and if it provided for fair and reasonable terms and conditions of employment.

The commission determined that the agreement had been genuinely negotiated and contained terms and conditions that were fair and reasonable. It was noted that the negotiation process adhered to statutory requirements, and the terms of the agreement were deemed to be in the best interests of the employees. Consequently, the commission approved the proposed agreement, finding it to be compliant with the legislative framework.

The final orders included the approval of the Downer EDI Mining Blackwater Mine Enterprise Agreement 2018, effective from the date of the commission’s decision. The agreement was to be registered and would apply to the employees covered by it, providing the basis for their employment terms and conditions.

Downer EDI Mining Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established