Thiess Pty Ltd

[2014] FWCA 8086

[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

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