Hilton Hurst Summary | CaseChat AU

[2013] FWCA 259

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hilton Hurst
(AG2012/13867)

DOWNER EDI MINING - SURFACE METALLIFEROUS ENTERPRISE AGREEMENT 2012

Mining industry
COMMISSIONER WILLIAMS	PERTH, 14 JANUARY 2013

Application for approval of the Downer EDI Mining - Surface Metalliferous Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Mining - Surface Metalliferous Enterprise Agreement 2012(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hilton Hurst. The Agreement is a Single Enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2013. The nominal expiry date of the Agreement is 21 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Downer EDI Mining Pty Ltd, the applicant, and the Construction, Forestry, Maritime, Mining and Energy Union, the respondent, the Fair Work Commission was tasked with approving the Downer EDI Mining - Surface Metalliferous Enterprise Agreement 2012. The agreement aimed to regulate the employment terms and conditions of employees working in surface metalliferous mining operations for Downer EDI Mining. The Commission was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement was genuinely bargained, if it contained all mandatory terms, and whether it complied with procedural fairness. The Commission also needed to assess whether the agreement was in the best interests of the employees and whether it promoted workplace harmony and productivity. Additionally, the Commission considered whether the agreement provided adequate protections for employees and whether it was consistent with the principles of the National Employment Standards.

The Fair Work Commission determined that the agreement was genuinely bargained as it was the product of negotiations between the employer and the union. The Commission found that all mandatory terms were included in the agreement, and it complied with procedural fairness. The Commission concluded that the agreement was in the best interests of the employees as it provided them with fair and reasonable terms of employment. The agreement also promoted workplace harmony and productivity, and it provided adequate protections for employees. The Commission was satisfied that the agreement was consistent with the principles of the National Employment Standards. Consequently, the Commission approved the Downer EDI Mining - Surface Metalliferous Enterprise Agreement 2012.

Hilton Hurst

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established