DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Thiess Pty Ltd
(AG2016/5526)

THIESS MT OWEN MINE ENTERPRISE AGREEMENT 2016

Coal industry
COMMISSIONER SAUNDERS	NEWCASTLE, 13 SEPTEMBER 2016

Application for approval of the Thiess Mt Owen Mine Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Mt Owen Mine Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, 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 20 September 2016. The nominal expiry date of the Agreement is 13 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Thiess Pty Ltd sought approval of a proposed enterprise agreement, the Thiess Mt Owen Mine Enterprise Agreement 2016. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, who represented certain employees of Thiess. The dispute centred on the terms and conditions of employment proposed in the agreement, particularly those relating to wages, leave entitlements, and other workplace benefits.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant statutory provisions under the Fair Work Act 2009 and whether it had been made in accordance with the procedural requirements set out in the Fair Work Regulations 2009. Specifically, the Commission needed to determine if the agreement met the 'better off overall test', ensuring that employees would not be worse off financially under the new terms.

The Fair Work Commission found that the proposed agreement did indeed comply with all statutory requirements. The Commission examined the evidence and submissions from both parties and determined that the agreement provided employees with improved conditions, including higher wages and enhanced leave entitlements, which met the better off overall test. The procedural fairness of the agreement was also upheld, as it was evident that the necessary consultation processes had been followed. Consequently, the Commission approved the Thiess Mt Owen Mine Enterprise Agreement 2016.

The Commission ordered that the Thiess Mt Owen Mine Enterprise Agreement 2016 be approved as a registered agreement. This decision was made effective from the date of the Commission's determination, and the agreement was registered accordingly.

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