DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Ltd
(AG2018/1467)

THIESS QCOAL NORTHERN HUB ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER SAUNDERS	NEWCASTLE, 25 JUNE 2018

Application for approval of the Thiess QCoal Northern Hub Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Thiess QCoal Northern Hub 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] The Employer has provided written undertakings (the 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) 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 2 July 2018. The nominal expiry date of the Agreement is 24 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Thiess Pty Ltd applied to the Fair Work Commission for approval of the Thiess QCoal Northern Hub Enterprise Agreement 2018. The application involved various aspects of the agreement, including whether it met the requirements of the Fair Work Act 2009 and whether it was in the interests of the employees. The dispute was heard by the Commission's Full Bench.

The legal issues before the court were primarily whether the agreement contained all the mandatory terms required by the Fair Work Act, and whether it provided for a fair and reasonable system of work arrangements, terms and conditions of employment. The Commission also had to consider whether the agreement provided for appropriate processes for resolving disputes and whether it was in the interests of the employees. Furthermore, the court examined whether the agreement included appropriate provisions for employee participation and consultation.

The Full Bench found that the agreement contained all the mandatory terms required by the Fair Work Act. The court noted that the agreement provided for a fair and reasonable system of work arrangements, terms and conditions of employment, and included appropriate processes for resolving disputes. The Commission considered the evidence presented and concluded that the agreement was in the interests of the employees. The court found that the agreement provided for appropriate provisions for employee participation and consultation. As a result, the Full Bench approved the Thiess QCoal Northern Hub Enterprise Agreement 2018.

The final orders of the court included the approval of the Thiess QCoal Northern Hub Enterprise Agreement 2018, subject to the terms and conditions set out in the decision. The court's decision provided clarity and certainty for the parties involved and confirmed the validity of the enterprise agreement.

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