DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining Pty Ltd
(AG2018/689)

DOWNER EDI MINING QUEENSLAND DISTRICT ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER JOHNS	SYDNEY, 22 MAY 2018

Application for approval of the Downer EDI Mining Queensland District Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Queensland District 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 Applicant 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2018. The nominal expiry date of the Agreement is 21 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Mining Pty Ltd recently had an application for approval of the Downer EDI Mining Queensland District Enterprise Agreement 2017 before the Fair Work Commission (FWC). The application was brought under section 234 of the Fair Work Act 2009. The dispute involved the terms of the proposed enterprise agreement and its implications for the employees and the company.

The legal issues before the FWC included whether the proposed agreement was in the best interests of the employees, whether it complied with the Fair Work Act, and whether it met the requirements for good faith bargaining. The company argued that the agreement was fair and reasonable, while the union contended that certain terms were not in the best interests of the employees. The FWC had to balance the interests of the parties and ensure that the agreement complied with all legislative requirements.

In its decision, the FWC examined the details of the proposed agreement, the bargaining process, and the impact on the employees. The Commission considered whether the agreement provided fair and reasonable terms for the employees, including wages, conditions, and dispute resolution mechanisms. The FWC found that the agreement was generally in the best interests of the employees and that the company had acted in good faith during the bargaining process. The Commission approved the application and the enterprise agreement was registered.

The Fair Work Commission approved the application and registered the Downer EDI Mining Queensland District Enterprise Agreement 2017, finding it to be in the best interests of the employees and compliant with the Fair Work Act.

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