Thiess Mining Maintenance Pty Ltd T/A TMM

[2014] FWCA 6640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Thiess Mining Maintenance Pty Ltd T/A TMM
(AG2014/6998)

TMM AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 22 SEPTEMBER 2014

Application for approval of the TMM Agreement 2014.

[1] Thiess Mining Maintenance Pty Ltd t/a TMM applies for approval of an enterprise agreement known as the TMM Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 29 September 2014. The nominal expiry date of the Agreement is 22 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Thiess Mining Maintenance Pty Ltd, trading as TMM, applied to the Fair Work Commission for the approval of the TMM Agreement 2014. The dispute arose between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary issue was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The agreement in question sought to regulate various terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission centred on whether the agreement complied with the provisions of the Fair Work Act, particularly focusing on the requirements under section 234. This section mandates that an enterprise agreement must provide for certain minimum terms and conditions, and that the agreement be certified as meeting the "better off overall test." This test ensures that no party to the agreement is worse off than they would be under the applicable law if the agreement were not in place. The Commission also needed to determine whether the agreement had been genuinely negotiated and whether it was in the best interests of the employees.

In delivering its decision, the Commission examined the provisions of the proposed agreement against the statutory requirements. It found that the agreement met the minimum terms and conditions stipulated in the Fair Work Act and satisfied the better off overall test. The Commission was satisfied that the agreement had been genuinely negotiated and was in the best interests of the employees, considering factors such as improved wages, enhanced job security, and better working conditions. Consequently, the Commission approved the TMM Agreement 2014, deeming it compliant with the legislative requirements and in the interests of fair and equitable employment practices.

The final orders of the Commission included the approval of the TMM Agreement 2014, effective from the date of the decision. This approval validated the agreement as a legally binding enterprise agreement under the Fair Work Act, applicable to the employees of Thiess Mining Maintenance Pty Ltd. The agreement was set to remain in force until the earlier of its expiry date or the making of a new enterprise agreement.

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