DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Limited
(AG2015/6557)

THIESS TELFER ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Thiess Telfer Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Telfer Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thiess Pty Limited. 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. 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.

[3] The Agreement was approved on 10 November 2015 and, in accordance with s.54, will operate from 17 November 2015. The nominal expiry date of the Agreement is 10 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thiess Pty Limited applied for the approval of the Thiess Telfer Enterprise Agreement 2015 before the Fair Work Commission. The dispute involved the terms and conditions of employment for employees of Thiess in the Telfer mining operations, including issues related to wages, working hours, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the procedural requirements for enterprise agreements, and whether the agreement contained any provisions that would render it unlawful or ineffective. The Commission had to consider whether the agreement was genuinely negotiated and whether it met the "better off overall test," ensuring that employees were not worse off financially under the new agreement.

In delivering its decision, the Commission held that the agreement complied with all necessary procedural requirements and was genuinely negotiated. The Commission also found that the agreement satisfied the better off overall test, as it provided employees with various benefits that offset any potential disadvantages. The Commission noted that while some employees had concerns about specific provisions, the overall agreement was in the best interest of the majority of employees. Consequently, the Commission approved the Thiess Telfer Enterprise Agreement 2015.

The final orders of the Commission included the approval of the Thiess Telfer Enterprise Agreement 2015, which would now govern the terms and conditions of employment for the employees involved in the Telfer mining operations. The agreement was to be registered and would come into effect from the date of the Commission's decision.

Thiess Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established