DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining Pty Ltd T/A Downer EDI Mining
(AG2017/6549)

DOWNER EDI MINING SUNRISE DAM ENTERPRISE AGREEMENT 2017

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 MAY 2018

Application for approval of the Downer EDI Mining Sunrise Dam Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Sunrise Dam 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 June 2018. The nominal expiry date of the Agreement is 29 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Downer EDI Mining Pty Ltd T/A Downer EDI Mining for the approval of the Downer EDI Mining Sunrise Dam Enterprise Agreement 2017. The application was made under the Fair Work Act 2009, seeking the commission's endorsement of the agreement which aimed to govern the terms and conditions of employment for certain workers at the Sunrise Dam mine. The dispute centred on whether the agreement met the legal criteria for approval, including compliance with relevant provisions of the Fair Work Act and ensuring that the agreement had been genuinely bargained.

The legal issues the court had to address included whether the agreement was genuinely a product of bargaining free from coercion, undue influence, or other unfair practices, and if it provided for minimum entitlements as required by the Act. The commission also had to consider whether the agreement facilitated improved productivity and efficiency, and whether it allowed for a fair and effective process for resolving workplace disputes.

In rendering its decision, the commission examined the process by which the agreement was negotiated and concluded that the agreement had been genuinely negotiated and was not made under duress or undue influence. The commission found that the agreement provided for all the required minimum entitlements and also met the criteria for facilitating productivity and efficiency improvements. Furthermore, the commission determined that the agreement included a fair and effective dispute resolution process. Based on these findings, the commission approved the Downer EDI Mining Sunrise Dam Enterprise Agreement 2017.

The final orders included the approval of the enterprise agreement, effective from the date of the commission's decision. The approved agreement was to be registered by the Registrar of the Fair Work Commission and would apply to the specified employees until it was terminated or superseded by a new agreement.

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