Thiess Pty Ltd

[2014] FWCA 1883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Ltd
(AG2014/593)

THIESS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 MARCH 2014

Application for approval of the Thiess Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application by Thiess Pty Ltd for the approval of the Thiess Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The dispute centered on whether the agreement complied with the statutory requirements for an enterprise agreement under the Fair Work Act 2009, specifically in terms of the procedural fairness and the process by which the agreement was made.

The primary legal issues the court had to address were whether the agreement was genuinely made by the parties and whether the proper procedures were followed in the agreement's negotiation and execution. This included scrutinising the process by which the Australian Workers' Union (AWU) and Thiess Pty Ltd reached the agreement, particularly whether there was any procedural unfairness or coercion that could invalidate the agreement.

In its decision, the Full Bench found that the agreement was made fairly and without coercion, and that the necessary procedures were followed in its negotiation and execution. The court noted the evidence presented indicated that the parties had engaged in genuine discussions and negotiations, and that the final agreement was the result of these discussions. The court also found that the process was transparent and that the agreement was not made under any duress. Consequently, the Full Bench approved the Thiess Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

The Full Bench's final orders included the approval of the agreement, allowing it to be registered and thereby binding on the parties. The decision underscored the importance of procedural fairness and proper negotiation processes in the formation of enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established