DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Ltd
(AG2015/4714)

THIESS ROCKY’S REWARD ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER LEE	MELBOURNE, 7 SEPTEMBER 2015

Application for approval of the Thiess Rocky’s Reward Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Rocky’s Reward Enterprise Agreement 2015 (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 Limited. 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 14 September 2015. The nominal expiry date of the Agreement is 6 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Thiess Pty Ltd, sought approval of the Thiess Rocky’s Reward Enterprise Agreement 2015 from the Fair Work Commission. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application, raising concerns about the fairness and adequacy of the proposed agreement. The dispute centred on the terms and conditions outlined in the enterprise agreement, which aimed to regulate the employment of workers under the agreement.

The legal issues before the court encompassed whether the enterprise agreement met the criteria for approval as stipulated under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was free from coercion and undue influence, if it provided for the proper protection of employees' rights, and if it complied with the procedural requirements for making an enterprise agreement. The court also needed to consider whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions.

In its decision, the Fair Work Commission found that the proposed agreement was fair and reasonable in all respects. The Commission concluded that the agreement did not contain any provisions that were contrary to public policy or that would undermine the rights of employees. The Commission further held that the agreement was made in good faith and without any element of coercion or undue influence. It was also noted that the agreement provided for appropriate protections and benefits for employees, and that the process of making the agreement was fair and transparent. Consequently, the Commission approved the Thiess Rocky’s Reward Enterprise Agreement 2015, ruling in favour of the applicant.

As a result of the court's decision, the Thiess Rocky’s Reward Enterprise Agreement 2015 was approved and came into effect. The agreement now governs the employment terms and conditions for workers covered by the agreement, providing a framework for the relationship between Thiess Pty Ltd and its employees. The approval of the agreement signifies the formal recognition of the bargaining process and the terms agreed upon by the parties.

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