DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Ltd
(AG2019/316)

THIESS MT PLEASANT OPERATION ENTERPRISE AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 FEBRUARY 2019

Application for approval of the Thiess Mt Pleasant Operation Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Mt Pleasant Operation Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Thiess Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2019. The nominal expiry date of the Agreement is 29 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) concerned the approval of the Thiess Mt Pleasant Operation Enterprise Agreement 2018. Thiess Pty Ltd, the employer, sought the FWC's approval of the agreement. The Australian Council of Trade Unions (ACTU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees, opposed the approval. The dispute centred on the fairness and compliance of the agreement with relevant labour laws and standards.

The primary legal issues before the FWC were whether the agreement was made in good faith, whether it adequately covered all employees within its scope, and whether it met the requirements for "better off overall" and "no detriment" under the Fair Work Act 2009. The unions argued that the agreement did not meet these criteria, claiming that employees would be worse off overall and that the agreement was not made in good faith. The employer, Thiess, contended that the agreement was fair and had been negotiated in good faith.

The FWC found that the agreement had been made in good faith and was fair. The Commission held that the agreement adequately covered all employees within its scope and satisfied the "better off overall" and "no detriment" tests. The FWC noted the efforts made by the parties to reach a consensus and the comprehensive nature of the agreement, which included provisions for wages, hours of work, and other employment conditions. The Commission concluded that the agreement provided a fair and reasonable outcome for the employees and approved the Thiess Mt Pleasant Operation Enterprise Agreement 2018.

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