DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining Pty Ltd T/A Downer EDI Mining
(AG2017/1243)

DOWNER EDI MINING - ROY HILL PROJECT ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER ROE	MELBOURNE, 5 MAY 2017

Application for approval of the Downer EDI Mining – Roy Hill Project Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining - Roy Hill 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 5 May 2017 and, in accordance with s.54, will operate from 12 May 2017. The nominal expiry date of the Agreement is 5 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Downer EDI Mining Pty Ltd, trading as Downer EDI Mining, applied for approval of the Downer EDI Mining – Roy Hill Project Enterprise Agreement 2017. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the statutory criteria for approval. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly regarding the process followed in its formation and its alignment with the Act's objectives.

The legal issues the court had to decide included whether the agreement was genuinely negotiated between the employer and the employees, if it contained the required minimum terms and conditions, and if it was made in good faith. Additionally, the court examined if the agreement was free from any improper conduct that might have influenced the bargaining process. The primary focus was on ensuring that the agreement was fair and balanced, reflecting a genuine negotiation process that considered the interests of both parties.

The Fair Work Commission found that the agreement was genuinely negotiated and contained all the necessary minimum terms and conditions. The Commission concluded that the agreement was made in good faith and without any improper conduct. The Commission was satisfied that the agreement met all statutory requirements and aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the Downer EDI Mining – Roy Hill Project Enterprise Agreement 2017.

The court's final order was to approve the agreement, allowing it to be registered with the Fair Work Commission. This decision ensured that the agreement would have legal effect and be binding on the parties involved, providing a framework for the employment relationship at the Roy Hill Project.

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