Thiess Pty Ltd

[2014] FWCA 8972

[2014] FWCA 8972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Ltd
(AG2014/10132)

THIESS MINING PROMINENT HILL MINE ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 11 DECEMBER 2014

Application for approval of the Thiess Mining Prominent Hill Mine Enterprise Agreement 2014

[1] An application for approval of an enterprise agreement known as the Thiess Mining Prominent Hill Mine Enterprise Agreement 2014 (the Agreement) has been made by Thiess Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The Fair Work Commission has raisedconcerns with the employer and bargaining representatives in relation to certain base rates of pay in Annexure B of the Agreement and with the cashing out of annual leave provision in clause 13.4 of the Agreement. 1The employer has provided undertakings that deal with the concerns and which are agreed by the bargaining representatives to the Agreement. The undertakings are appended to the Agreement as Schedule 1 and in accordance with s 201(3) of the Act I note that the undertakings are taken to be terms of the Agreement.

[3] The Consultation provision in clause 16 of the Agreement does not meet the requirements of ss.205(1)(a) and (1A) of the Act and in accordance with s.205(2) of the Act the model consultation term will apply. The model consultation term is a term of the Agreement and is appended to the Agreement as Schedule 2.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[5] The Construction, Forestry, Mining and Energy Union (the CFMEU); the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the AMWU); and the Australian Workers Union (the AWU); being bargaining representatives for the Agreement, has each given notice pursuant to s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU, the AMWU and the AWU.

[6] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 18 December 2014. The nominal expiry date of the Agreement is 17 December 2018.

DEPUTY PRESIDENT

 1   Telephone conference on 9 December 2014

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