DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Ltd
(AG2018/347)

THIESS MT ARTHUR COAL ENTERPRISE AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 11 MAY 2018

Application for approval of the Thiess Mt Arthur Coal Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Mt Arthur Coal 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 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 May 2018. The nominal expiry date of the Agreement is 11 May 2021.

DEPUTY PRESIDENT

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 Mt Arthur Coal Enterprise Agreement 2018. The application arose in the context of a dispute between Thiess and the Construction, Forestry, Maritime, Mining and Energy Union over the terms and conditions of employment of Thiess's workers at Mt Arthur coal mine. The Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the requirements of section 234 of the Fair Work Act, including the need for the agreement to provide for a good faith bargaining process. The Commission considered whether the agreement appropriately balanced the interests of the employer and employees, and whether it provided for adequate consultation and dispute resolution mechanisms.

The Commission found that the agreement did not adequately address several key issues, including pay rates, shift patterns, and overtime provisions. The Commission determined that the agreement did not provide for fair and reasonable terms and conditions of employment, and that it failed to comply with the statutory requirements for good faith bargaining. The Commission noted that the agreement did not adequately address the interests of employees, and that it did not provide for appropriate consultation and dispute resolution mechanisms. As a result, the Commission refused to approve the agreement.

The Commission's decision highlights the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, and that they comply with the statutory requirements for good faith bargaining. Employers and unions must ensure that their agreements appropriately balance the interests of both parties, and that they provide for adequate consultation and dispute resolution mechanisms. Failure to do so may result in the agreement being refused approval by the Fair Work Commission.

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