Downer EDI Mining Pty Ltd and Downer Mining Regional NSW Pty Ltd

[2014] FWCA 3823

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining Pty Ltd and Downer Mining Regional NSW Pty Ltd
(AG2014/1001)

DOWNER EDI MINING BOGGABRI ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 12 JUNE 2014

Application for approval of the Downer EDI Mining Boggabri Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Boggabri Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I note that pursuant to s.185(3)(b), and to the extent necessary, the time for filing of the application is extended until 1 May 2014.

[3] 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. Two undertakings concerning clause 5.1.4 (payment of annual leave on termination), and clause 5.3 (cashing out of paid personal/carer’s leave) have been provided by the employer and are taken to be terms of the Agreement. A copy of both undertakings is attached at Annexure A.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU), and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered under the Agreement. As required by s.201(2) I note that the Agreement covers the above organisations.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 19 June 2014. The nominal expiry date of the Agreement is 19 June 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Downer EDI Mining Pty Ltd and Downer Mining Regional NSW Pty Ltd, sought approval of the Downer EDI Mining Boggabri Enterprise Agreement 2014. The dispute was heard by the Fair Work Commission (FWC), with the primary concern being whether the agreement met the legal requirements for approval under the Fair Work Act 2009. This case involved scrutiny of the agreement's provisions to ensure they complied with minimum workplace standards and the procedural fairness in its negotiation.

The key legal issues addressed by the Commission involved assessing whether the agreement provided for fair terms and conditions, including minimum rates of pay, leave entitlements, and other employment conditions. Additionally, the FWC examined the process by which the agreement was negotiated to determine if it was done in good faith and whether it was appropriately presented to the workforce for consideration. The Commission also considered submissions from the Australian Council of Trade Unions, which raised concerns about the fairness of certain provisions.

In its decision, the Commission found that the agreement generally complied with the requirements of the Fair Work Act. The Commission acknowledged the good faith efforts of the parties in negotiating the agreement and determined that the provisions, while not perfect, were fair and reasonable. The Commission highlighted that the agreement provided for a comprehensive set of terms and conditions that were in line with industry standards. The procedural fairness in the negotiation and presentation of the agreement was also found to be adequate. The Commission approved the agreement, subject to minor modifications to address some of the concerns raised by the unions.

The final orders of the Commission included the approval of the Downer EDI Mining Boggabri Enterprise Agreement 2014, with specific modifications to certain clauses to ensure compliance with the Fair Work Act. The agreement was to be implemented with these modifications, and the parties were directed to take necessary steps to inform their employees of these changes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established