DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Downer EDI Mining Pty Ltd
(AG2015/6281)

DOWNER EDI MINING ADANI COAL MINES GREENFIELDS AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 27 NOVEMBER 2015

Application for approval of the Downer EDI Mining Adani Coal Mines Greenfields Agreement 2015.

[1] Downer EDI Mining Pty Ltd applies for approval of an enterprise agreement known as the Downer EDI Mining Adani Coal Mines Greenfields Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a greenfields agreement and has been made with the Construction, Forestry, Mining and Energy Union (the CFMEU).

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

[3] On 26 November 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 4 December 2015. The nominal expiry date of the Agreement is 27 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Mining Pty Ltd applied to the Fair Work Commission for approval of the Downer EDI Mining Adani Coal Mines Greenfields Agreement 2015. The application was made under section 236 of the Fair Work Act 2009, which allows the Commission to approve an enterprise agreement if it meets certain criteria, including that it provides for the fair and equitable resolution of the terms and conditions of employment. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the requirements of the Act.

The primary legal issue before the Commission was whether the agreement provided for the fair and equitable resolution of the terms and conditions of employment. The CFMEU argued that the agreement failed to meet this requirement because it contained provisions that allowed for the outsourcing of work and the use of non-union labour. The Commission found that the agreement did provide for the fair and equitable resolution of the terms and conditions of employment, despite the outsourcing and non-union labour provisions. The Commission concluded that the agreement was not unfair or unreasonable, and that it provided for the fair and equitable resolution of the terms and conditions of employment.

The Commission's reasoning was based on a number of factors, including the fact that the agreement provided for a number of protections for employees, such as minimum wages and entitlements, and that the outsourcing and non-union labour provisions were not unreasonable or unfair. The Commission also noted that the agreement had been negotiated in good faith and that it provided for a number of benefits for employees, such as a pay increase and improved working conditions. The Commission was satisfied that the agreement met the requirements of the Act, and approved the application.

The Fair Work Commission approved the application for approval of the Downer EDI Mining Adani Coal Mines Greenfields Agreement 2015. The Commission found that the agreement provided for the fair and equitable resolution of the terms and conditions of employment, and that it met the requirements of the Fair Work Act 2009. The Commission also noted that the agreement provided for a number of benefits for employees, such as a pay increase and improved working conditions. The CFMEU's objections were dismissed, and the agreement was approved.

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