Thiess Pty Ltd

[2015] FWCA 213

[2015] FWCA 213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Thiess Pty Ltd
(AG2014/8409)

THIESS BURTON COAL MINE AGREEMENT 2012

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 9 JANUARY 2015

Application for variation of the Thiess Burton Coal Mine Agreement 2012.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Thiess Burton Coal Mine Agreement 2012 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Theiss Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union (CFMEU) was a bargaining representative for one or more members of the organisation who are also employees covered by the agreement and is entitled to represent the industrial interests of the employees who will be covered by the agreement as varied. I note that the CFMEU have filed a Form 23B- Statutory declaration of employee organisation in relation to variation of an enterprise agreement in this matter simply stating that they have not read the employer’s statutory declaration in support of its application.

[3] I note that the variation reduces the terms and conditions of employees covered by the Agreement. Despite the reduction, I consider employees covered by the Agreement to be better off overall than if the Black Coal Mining Industry Award 2010 applied to the relevant employees. I am also satisfied that a majority of employees who cast a valid vote have agreed to the variations. Further, I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. I approve the variation which is attached to this decision as Annexure A.

[4] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 7 January 2015.

DEPUTY PRESIDENT

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Annexure A