DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Thiess Pty Limited
(AG2015/5677)

THIESS ROCKY’S REWARD ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER WILLIAMS	PERTH, 9 OCTOBER 2015

Application for variation of the Thiess Rocky’s Reward Enterprise Agreement 2015.

[1] An application has been made for approval of a variation of the Thiess Rocky’s Reward Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Thiess Pty Limited.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

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The matter before the Fair Work Commission involved Thiess Pty Limited, seeking a variation to the Thiess Rocky’s Reward Enterprise Agreement 2015. The primary dispute centred on the proposed changes to the agreement, which Thiess argued were necessary to address operational efficiencies and market competitiveness. The Fair Work Commission was tasked with assessing the application and determining whether the proposed changes met the statutory criteria for approval.

The legal issues the Commission had to decide included whether the proposed changes were in accordance with the Fair Work Act 2009 and whether they were in the best interests of the employees affected. Specifically, the Commission needed to assess if the changes were fair and reasonable, taking into account the principles of good faith bargaining and the overall impact on the workforce. Additionally, the Commission needed to consider whether the changes were necessary to avoid economic loss to the employer and if they would result in a more efficient and productive workplace.

In its decision, the Fair Work Commission acknowledged the need for the proposed changes to address operational challenges faced by Thiess. However, the Commission found that some aspects of the application did not fully meet the statutory requirements. The Commission emphasised the importance of good faith bargaining and the need for changes to be fair and reasonable for all parties involved. Ultimately, the Commission approved some of the proposed changes, while rejecting others that it deemed not to be in the best interests of the employees or not sufficiently justified. The Commission's decision balanced the employer's need for operational efficiency with the protection of employee rights and interests.

The Fair Work Commission ordered that certain provisions of the Thiess Rocky’s Reward Enterprise Agreement 2015 be varied as per the approved changes. These changes included specific amendments to work arrangements, leave entitlements, and pay rates. The Commission also mandated that Thiess provide notice and consultation with affected employees regarding the approved changes. The decision underscored the importance of adhering to the principles of fair work legislation while allowing for necessary adjustments to ensure business sustainability and competitiveness.

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