DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Limited T/A TBS
(AG2015/3708)

TBS ENTERPRISE AGREEMENT 2015

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 3 JULY 2015

Application for approval of the TBS Enterprise Agreement 2015.

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

[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 will operate from 10 July 2015. The nominal expiry date of the Agreement is 2 years from approval.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Thiess Pty Limited trading as TBS and the Australian Building and Construction Commission (ABCC). The dispute centred on the application for approval of the TBS Enterprise Agreement 2015. The Fair Work Commission (FWC) was the court that heard the case. The primary legal issues revolved around whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement contained the mandated minimum entitlements and if the agreement was made in good faith and not under duress or coercion.

The FWC examined the agreement to ensure it met the minimum standards set out in the Fair Work Act. It assessed whether the agreement adequately covered the mandated minimum entitlements such as wages, leave provisions, and other employment conditions. Additionally, the FWC considered whether the agreement was made in a manner that complied with the principles of good faith bargaining as stipulated in the legislation. The FWC also had to scrutinise if the agreement was entered into without any form of coercion or undue influence that could invalidate the agreement. After a thorough review, the FWC found that the TBS Enterprise Agreement 2015 met all the statutory requirements and was made in good faith. The FWC approved the agreement, acknowledging its compliance with the relevant provisions of the Fair Work Act.

Following the decision, the FWC approved the TBS Enterprise Agreement 2015, confirming that it met all the necessary legal requirements and was made in accordance with the principles of good faith bargaining. The FWC’s approval meant that the agreement could be enforced between the parties, ensuring that the employees covered by the agreement received the minimum entitlements as stipulated by law. This decision provided clarity and legal certainty regarding the validity of the enterprise agreement, allowing both the employer and the employees to proceed with confidence under the terms of the approved agreement.

Thiess Pty Limited T/A TBS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established