DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Ltd
(AG2018/7415)

THEISS MT OWEN MINE ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER JOHNS	SYDNEY, 18 FEBRUARY 2019

Application for approval of the Theiss Mt Owen Mine Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Theiss Mt Owen 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 Agreement is a single enterprise agreement.

[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 Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2019. The nominal expiry date of the Agreement is 17 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Thiess Pty Ltd, which sought approval of the Thiess Mt Owen Mine Enterprise Agreement 2018. The Fair Work Commission was the respondent in the case. The application was brought under the Fair Work Act 2009, which governs workplace relations in Australia. The primary dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements and whether it was appropriately certified as a simplified procedure agreement.

The court had to determine whether the agreement met the necessary standards for coverage, duration, and content, as outlined in the Fair Work Act. Specifically, it was necessary to examine if the agreement had been made in good faith and if it contained the appropriate minimum terms and conditions. Furthermore, the court needed to verify if the agreement was certified as a simplified procedure agreement by an independent certifier and whether this certification was justified under the Act.

The court found that the agreement was consistent with the requirements of the Fair Work Act. The agreement covered the necessary terms and conditions, was made in good faith, and contained the minimum entitlements prescribed by the Act. The certification as a simplified procedure agreement was also deemed appropriate, as the independent certifier had correctly applied the criteria set out in the legislation. Therefore, the court approved the agreement, confirming its validity and enforceability under the Act.

The court ordered that the Thiess Mt Owen Mine Enterprise Agreement 2018 be approved and registered as required by the Fair Work Act. This decision effectively resolved the dispute, allowing the agreement to be implemented in accordance with its terms.

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