Thiess Pty Ltd

[2019] FWCA 5880

[2019] FWCA 5880

FAIR WORK COMMISSION

DECISION

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

Thiess Pty Ltd
(AG2019/2746)

THIESS MINING LAKE VERMONT MINE ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER SPENCER	BRISBANE, 23 AUGUST 2019

Application for approval of the Thiess Mining Lake Vermont Mine Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Mining Lake Vermont Mine Enterprise Agreement 2018 (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 Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) and s.201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The following organisations, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers those organisations.

•  The Constructions, Forestry, Maritime, Mining and Energy Union – Mining and Energy Division (CFMMEU);

•  The Automotive, Foods, Metals, Engineering, Printing and Kindred Industries’ Union, known as the Australian Manufacturing Workers’ Union (AMWU);

•  The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2019. The nominal expiry date of the Agreement is 30 August 2022.

COMMISSIONER

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