DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Ltd
(AG2017/2536)

THIESS SOUTH WALKER CREEK MINE ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER LEE	MELBOURNE, 31 JULY 2017

Application for approval of the Thiess South Walker Creek Mine Enterprise Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Thiess South Walker Creek Mine Enterprise Agreement 2017 (Agreement). The application was made by Thiess Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] 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.

[4] 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.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers the organisation.

[6] I note that sub-clause 2.3.1(b) of the Agreement makes provision that if a camp service operator or client withdraws camp or accommodation access rights for reasons other than employee misconduct, and suitable alternative accommodation is secured, it will be at the cost of the employee. In my view, the sub-clause may not be a permitted deduction within the meaning of s.324 of the Act and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2017. The nominal expiry date of the Agreement is 30 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, Thiess Pty Ltd applied for the approval of the Thiess South Walker Creek Mine Enterprise Agreement 2017. The matter involved the proposed enterprise agreement between Thiess and its employees working at the South Walker Creek Mine. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the terms and conditions of employment in a manner that was procedurally and substantively compliant with the Fair Work Act. The Commission considered whether the agreement was genuinely negotiated, whether it provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements outlined in the Act.

The Commission found that the agreement was genuinely negotiated, as evidenced by the submissions and arguments presented by both parties. The terms and conditions of the agreement were deemed fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. The Commission was satisfied that the agreement complied with the procedural requirements of the Act, including the provision of relevant information to employees and the opportunity for them to review and discuss the proposed agreement.

Consequently, the Commission approved the Thiess South Walker Creek Mine Enterprise Agreement 2017. The agreement was registered, and it became legally binding for the duration specified within its terms. This outcome facilitated the establishment of a stable and fair employment relationship between Thiess and its employees at the South Walker Creek Mine.

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