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

[2014] FWCA 3823

[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

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