Downer EDI Mining Pty Ltd

[2018] FWCA 6119

[2018] FWCA 6119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining Pty Ltd
(AG2018/1931)

DOWNER EDI MINING COMMODORE PROJECT ENTERPRISE AGREEMENT 2017

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 OCTOBER 2018

Application for approval of the Downer EDI Mining Commodore Project Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Commodore Project Enterprise Agreement 2017 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement lodged contained an error at Clause 8.2.1. On 26 September 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2018. The nominal expiry date of the Agreement is 8 October 2021.

DEPUTY PRESIDENT

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Annexure A