DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Ltd
(AG2019/3024)

THIESS DAWSON MINES AGREEMENT 2018

Mining industry
COMMISSIONER MCKINNON	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the Thiess Dawson Mines Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Thiess Dawson Mines Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Thiess Pty Ltd.

[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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2019. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Thiess Pty Ltd to approve the Thiess Dawson Mines Agreement 2018. The dispute centred on whether the proposed agreement, which aimed to establish new terms and conditions for employees at the Dawson mines, complied with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with assessing the fairness and appropriateness of the agreement under the legal framework governing industrial relations in Australia.

The primary legal issues before the Commission were whether the agreement met the criteria for registration under the Fair Work Act and whether it provided fair and reasonable terms and conditions for the employees. This involved examining the agreement's provisions on wages, working hours, leave entitlements, and other employment conditions to ensure they met the standards set by the Act. Additionally, the Commission had to consider whether the agreement had been made in good faith and whether it appropriately balanced the interests of the employer and employees.

In its decision, the Commission carefully analysed the terms of the proposed agreement, taking into account submissions from both Thiess Pty Ltd and the relevant employee representatives. The Commission found that the agreement generally met the statutory requirements for approval, as it provided fair and reasonable terms and conditions that were in line with the broader principles of the Fair Work Act. The Commission noted that while some provisions required minor adjustments to better align with the Act, these changes were minor and did not fundamentally alter the nature of the agreement. The Commission ultimately approved the Thiess Dawson Mines Agreement 2018, subject to the stipulated minor amendments.

The Fair Work Commission's final orders included the approval of the Thiess Dawson Mines Agreement 2018, with the condition that certain specified changes be made to the agreement to ensure full compliance with the Fair Work Act. The Commission set a timeframe for these changes to be implemented and directed that the agreement be lodged with the Commission once the necessary amendments had been made. This decision provided clarity on the terms and conditions applicable to employees at the Dawson mines and ensured that the agreement was fair and balanced, as required by law.

Thiess Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established