Thiess Pty Ltd
[2025] FWCA 870
•11 MARCH 2025
| [2025] FWCA 870 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Thiess Pty Ltd
(AG2025/379)
THIESS PEAK DOWNS AND CAVAL RIDGE ENTERPRISE AGREEMENT 2025
| Mining industry | |
| COMMISSIONER SIMPSON | BRISBANE, 11 MARCH 2025 |
Application for approval of the Thiess Peak Downs and Caval Ridge Enterprise Agreement 2025.
An application has been made for approval of an enterprise agreement known as the Thiess Peak Downs and Caval Ridge Enterprise Agreement 2025 (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 Applicant). The Agreement is a single enterprise agreement.
The name of the Agreement listed in the NERR was different. I am satisfied that I should exercise discretion under s.188(5) to disregard this change as a minor procedural change. It is unlikely that employees are to be disadvantaged or that the change would impact the employees understanding of the Agreement due to this title change.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 1.3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Mining and Energy Union (MEU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU and the MEU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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