DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining Pty Ltd T/A Downer EDI Mining
(AG2017/1980)

DOWNER EDI MINING KARARA PROJECT ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER WILSON	MELBOURNE, 30 AUGUST 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Karara Project 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 T/A Downer EDI Mining. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2017. The nominal expiry date of the Agreement is 29 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Mining Pty Ltd, trading as Downer EDI Mining, applied to the Fair Work Commission for approval of the Downer EDI Mining Karara Project Enterprise Agreement 2017. The application was made under section 235 of the Fair Work Act 2009, seeking approval of the agreement that had been negotiated between the applicant and the Australian Manufacturing Workers Union. The dispute involved the terms and conditions of employment for employees within the Karara Project, with the union arguing that certain provisions of the agreement were not fair and reasonable.

The legal issues before the court involved the interpretation and application of sections 231 and 232 of the Fair Work Act, which govern the registration and approval of enterprise agreements. Key questions included whether the agreement had been fairly negotiated, and whether it contained appropriate dispute resolution mechanisms and provisions for the protection of employees' interests. The court had to assess the fairness and reasonableness of the agreement's terms, including any potential adverse effects on employees and the broader workforce.

The court found that the agreement had been fairly negotiated and contained appropriate provisions for dispute resolution and employee protection. The agreement was deemed to be in the best interests of the employees, despite some concerns raised by the union regarding certain provisions. The court concluded that the benefits of the agreement, including improved working conditions and protections, outweighed any potential negative impacts. Consequently, the court approved the agreement, and it was registered under the Fair Work Act.

The final orders of the court included the approval and registration of the Downer EDI Mining Karara Project Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be binding on all employees covered by the agreement, and any disputes arising under the agreement were to be resolved in accordance with its provisions. The court's decision affirmed the importance of fair and reasonable enterprise agreements in protecting the interests of both employers and employees.

Downer EDI Mining Pty Ltd T/A Downer EDI Mining

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established