DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining Pty Ltd
(AG2017/4788)

DOWNER EDI MINING BOGGABRI ENTERPRISE AGREEMENT 2017

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MARCH 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Boggabri 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 Construction, Forestry, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2018. The nominal expiry date of the Agreement is 28 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Mining Pty Ltd applied to the Fair Work Commission for the approval of the Downer EDI Mining Boggabri Enterprise Agreement 2017. The applicant sought to have the agreement registered under the Fair Work Act 2009, which governs the approval process for enterprise agreements in Australia. The dispute arose from the negotiation and proposed terms of the agreement between the employer and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union.

The central legal issue before the court was whether the proposed enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was a "better off overall test" agreement, which requires that the employees be at least as well off financially and have no loss in non-financial conditions compared to the applicable awards or existing enterprise agreements. Additionally, the court examined whether the agreement complied with procedural requirements, including proper notification and consultation processes with the employees.

The court found that the proposed agreement satisfied the better off overall test, as it provided employees with a total package of benefits that were at least as good as, or better than, those under the applicable award or any existing enterprise agreement. The court also determined that the agreement was procedurally sound, as the employer had followed the necessary consultation and notification processes as required by the Fair Work Act 2009. The court took into account the submissions from both the applicant and the employees' representatives, and considered the overall fairness and balance of the agreement's terms.

Accordingly, the court approved the Downer EDI Mining Boggabri Enterprise Agreement 2017 and registered it under the Fair Work Act 2009. The decision confirmed that the agreement was legally valid and would now govern the employment conditions of the employees at the Boggabri site.

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