DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Ltd
(AG2018/337)

THIESS GOONYELLA RIVERSIDE MINE ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER SIMPSON	BRISBANE, 17 MAY 2018

Application for approval of the Thiess Goonyella Riverside Mine Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Goonyella Riverside Mine Enterprise Agreement 2017 (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 greenfields enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[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 24 May 2018. The nominal expiry date of the Agreement is 17 May 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Thiess Pty Ltd, seeking approval of the Thiess Goonyella Riverside Mine Enterprise Agreement 2017. The dispute was heard in the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act 2009. The applicant sought the commission's approval of the proposed agreement, which was intended to regulate the terms and conditions of employment for certain workers at the Goonyella Riverside Mine.

The legal issues before the commission centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the commission had to determine if the agreement provided for a fair and efficient workplace, included appropriate mechanisms for resolving disputes, and was made in good faith and without coercion. The commission also needed to consider whether the agreement complied with the provisions of the Safety, Rehabilitation and Compensation Act 1988.

In its decision, the commission found that the proposed agreement did indeed meet the statutory criteria for approval. The commission considered the evidence presented by the applicant and the submissions made by the parties. It found that the agreement provided for a fair and efficient workplace, contained adequate mechanisms for resolving disputes, and was made in good faith and without coercion. The commission also concluded that the agreement complied with the relevant provisions of the Safety, Rehabilitation and Compensation Act 1988. As such, the commission approved the Thiess Goonyella Riverside Mine Enterprise Agreement 2017.

The commission's decision was based on the evidence and submissions presented by the parties. The commission found that the agreement provided for a fair and efficient workplace, contained adequate mechanisms for resolving disputes, and was made in good faith and without coercion. The commission also concluded that the agreement complied with the relevant provisions of the Safety, Rehabilitation and Compensation Act 1988. As a result, the commission approved the Thiess Goonyella Riverside Mine Enterprise Agreement 2017. The commission's approval of the agreement means that it will now be binding on the parties and will regulate the terms and conditions of employment for the workers covered by the 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