Thiess Pty Ltd

[2014] FWCA 8086

FAIR WORK COMMISSION

DECISION

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

Thiess Pty Ltd
(AG2014/9548)

THIESS MINING Q COAL OPERATIONS NORTHERN HUB ENTERPRISE AGREEMENT 2014

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 13 NOVEMBER 2014

Application for approval of the Thiess Mining Q Coal Operations Northern Hub Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Mining Q Coal Operations Northern Hub Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185(1A) of the Fair Work Act 2009 (the Act). The Agreement has been made by Thiess Pty Ltd, an employer covered by the Agreement, and is a greenfields agreement made pursuant to s.172(4).

[2] The Agreement is made with the Construction, Forestry, Mining and Energy Union pursuant to s.172(2)(b) of the Act.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular I am satisfied that the employee organisation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement, in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement contains a typographical error. Pursuant to s.586 of the Act, the Agreement is corrected by deleting the reference to “Thiess Mining Pty Ltd” in clause 1.2 and inserting “Thiess Pty Ltd”.

[6] The Agreement is approved and, in accordance with s.54, will operate from 20 November 2014. The nominal expiry date is 13 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Thiess Pty Ltd, the matter before the Fair Work Commission involved an application for the approval of the Thiess Mining Q Coal Operations Northern Hub Enterprise Agreement 2014. The applicant, Thiess Pty Ltd, sought the Commission's approval of the agreement as a registered enterprise agreement under the Fair Work Act 2009. The agreement was entered into between Thiess Pty Ltd, as the employer, and various employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the legal criteria for approval as a registered enterprise agreement, specifically addressing the requirements of section 230 of the Fair Work Act.

The legal issues before the Commission included whether the agreement was in writing, whether it related to the employees' terms and conditions of employment, whether the agreement was made without coercion, whether the agreement had been fairly negotiated, and whether it contained the mandated minimum terms and conditions. Additionally, the Commission needed to assess whether the agreement satisfied the good faith bargaining and no-disadvantage tests. These tests require that the agreement does not disadvantage employees relative to their previous terms of employment or the relevant award and that it was negotiated in good faith.

The Commission found that the agreement satisfied the criteria for approval. It was in writing and related to the employees' terms and conditions of employment. The Commission determined that there was no evidence of coercion and that the agreement had been fairly negotiated. Furthermore, the agreement contained all the mandated minimum terms and conditions, and it did not disadvantage the employees. The Commission concluded that the agreement met the good faith bargaining and no-disadvantage tests. Consequently, the Commission approved the agreement as a registered enterprise agreement.

The Fair Work Commission approved the Thiess Mining Q Coal Operations Northern Hub Enterprise Agreement 2014 as a registered enterprise agreement. The decision confirmed that the agreement was in writing, related to the employees' terms and conditions of employment, had been fairly negotiated without coercion, and contained all the mandated minimum terms and conditions. Additionally, the agreement met the good faith bargaining and no-disadvantage tests, ensuring it did not disadvantage the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established