DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Ltd
(AG2017/2975)

TBS ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER LEE	MELBOURNE, 18 SEPTEMBER 2017

Application for approval of the TBS Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the TBS 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 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 25 September 2017. The nominal expiry date of the Agreement is 17 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Thiess Pty Ltd for the approval of the TBS Enterprise Agreement 2017. The dispute centred around the conditions of employment set forth in the proposed agreement, which was intended to govern the terms and conditions of employment for certain workers within the organisation. The Fair Work Commission, as the designated body under the Fair Work Act 2009, was tasked with determining whether the agreement should be approved.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, particularly in relation to the provisions concerning employee entitlements, working conditions, and procedural fairness. The Commission had to assess whether the agreement complied with the 'better off overall test', which requires that employees be no worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission needed to consider whether the agreement provided for fair and adequate procedures for handling disputes and grievances.

In its decision, the Fair Work Commission found that the proposed agreement largely met the statutory requirements. The Commission noted that while some minor amendments were necessary to ensure full compliance with the Act, the overall provisions of the agreement were reasonable and would result in employees being no worse off financially. The Commission emphasised the importance of procedural fairness and recommended specific changes to the dispute resolution mechanisms to better protect employee rights. Ultimately, the Commission approved the agreement with the condition that Thiess Pty Ltd implement the suggested modifications.

The Commission's final orders included the approval of the TBS Enterprise Agreement 2017, subject to the implementation of certain changes to the dispute resolution provisions. The Commission directed Thiess Pty Ltd to make the necessary amendments within a specified timeframe and to notify all affected employees of the changes. The decision underscored the importance of ensuring that enterprise agreements not only meet the statutory requirements but also provide for effective and fair mechanisms for resolving workplace disputes.

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