Thiess Pty Ltd

[2014] FWCA 5045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Ltd
(AG2014/1681)

THIESS (SYDNEY WATER O&M) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JULY 2014

Application for approval of the Thiess (Sydney Water O&M) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Thiess (Sydney Water O&M) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Thiess Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement was entered into on the basis that:

a) Thiess had agreed to backdate payments to MERT of $50 from 1 July 2013, $67, then $70 as per the agreement;

b) Thiess had agreed to allow existing employees with an Electrician’s Licence to remain on their existing classification levels ie. if Level 4 now, stay at Level 4 in the new Agreement (not Level 3);

c) The Electrician’s Licence to be “all purpose”;

d) The Recreational Day to be taken before Christmas 2014 and

e) If a person on the draft Agreement was entitled to be re-classified (as per original matrix), that re-classification will be honoured.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Thiess Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a union. The dispute centred around the application for approval of the Thiess (Sydney Water O&M) Enterprise Agreement 2014, which was submitted to the Fair Work Commission for approval. The application was made under section 236 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it meets certain criteria, including that it provides for fair and reasonable terms and conditions of employment.

The primary legal issues before the Commission were whether the terms of the proposed enterprise agreement were fair and reasonable, and whether they met the requirements of the Act. The Commission had to consider various aspects of the agreement, including pay rates, penalty rates, allowances, leave entitlements, and other terms and conditions of employment. The Commission also had to ensure that the agreement did not undermine the role of registered organisations in representing employees.

After considering the evidence and submissions from both parties, the Commission determined that the proposed enterprise agreement was fair and reasonable. The Commission found that the agreement provided for appropriate pay rates, penalty rates, allowances, and leave entitlements, and that it did not undermine the role of registered organisations. The Commission was satisfied that the agreement met the requirements of the Act, and approved the Thiess (Sydney Water O&M) Enterprise Agreement 2014. The employer and the union were bound by the terms of the agreement, which would now apply to the employees covered by the agreement.

The Commission made orders approving the proposed enterprise agreement and setting out the terms and conditions of employment for the employees covered by the agreement. The orders also provided for the agreement to be registered with the Fair Work Commission, and for the agreement to be binding on the employer and the employees. The decision of the Commission was final and binding, and could not be appealed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established