DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Mining Pty Ltd T/A Downer Mining
(AG2016/7494)

DOWNER EDI MINING SURFACE MINING ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 16 FEBRUARY 2017

Application for approval of the Downer EDI Mining Surface Mining Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining Surface Mining Enterprise Agreement 2016. (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 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2017. The nominal expiry date of the Agreement is 15 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Downer EDI Mining Pty Ltd, trading as Downer Mining, a dispute arose regarding the approval of the Downer EDI Mining Surface Mining Enterprise Agreement 2016. The matter was heard in the Fair Work Commission, the body responsible for regulating workplace relations in Australia.

The primary legal issue before the Commission was whether the agreement was fair and reasonable in all its terms, as required by section 234 of the Fair Work Act 2009. The Commission had to consider the balance of the agreement, its terms and conditions, and whether it provided for a fair and reasonable safety net for employees. This involved examining the agreement's provisions on wages, conditions of employment, and other relevant matters.

The Commission found that the agreement was fair and reasonable in all its terms. It noted that the agreement provided for a safety net of wages and conditions that were no worse than the applicable awards and that it provided for a fair and reasonable process for the resolution of disputes. The Commission also found that the agreement had been negotiated in good faith and that it was not contrary to the public interest. Consequently, the Commission approved the agreement, enabling it to be registered and enforced as a binding enterprise agreement.

The Fair Work Commission approved the Downer EDI Mining Surface Mining Enterprise Agreement 2016, finding that it was fair and reasonable in all its terms. The agreement was registered and became a binding enterprise agreement, governing the terms and conditions of employment for the employees covered by the agreement.

Downer EDI Mining Pty Ltd T/A Downer Mining

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established