Thiess Pty Ltd

[2013] FWCA 6240

FAIR WORK COMMISSION

DECISION

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

Thiess Pty Ltd
(AG2013/2470)

THIESS PTY LTD REGIONAL NSW CIVIL ROAD CONSTRUCTIONS STATE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 30 AUGUST 2013

Application for approval of the Thiess Pty Ltd Regional NSW Civil Road Constructions State Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Pty Ltd Regional NSW Civil Road Constructions State Agreement 2013-2017 (the Agreement). The application was made by Thiess Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union and The Australian Workers’ Union being bargaining representatives for the Agreement, have given 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 that the Agreement covers the organisations.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 6 September 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Thiess Pty Ltd recently brought an application before the Fair Work Commission (FWC) for approval of the Thiess Pty Ltd Regional NSW Civil Road Constructions State Agreement 2013 - 2017. The applicant sought to have the agreement approved as a state agreement under the Fair Work Act 2009. The applicant argued that the agreement had been made in good faith and that it provided for the terms and conditions of employment of employees in the civil road construction industry in regional New South Wales.

The legal issues before the FWC involved determining whether the agreement had been made in good faith and whether it complied with the requirements of the Fair Work Act. Specifically, the FWC needed to consider whether the agreement met the criteria for approval as a state agreement, including whether it was made without the involvement of any person acting in a trade dispute, and whether it provided for the terms and conditions of employment of employees in the relevant industry and region. The FWC also needed to consider whether the agreement provided for adequate protections for employees, including minimum rates of pay, leave entitlements, and other terms and conditions of employment.

In its decision, the FWC found that the agreement had been made in good faith and that it met the criteria for approval as a state agreement. The FWC noted that the agreement had been made without the involvement of any person acting in a trade dispute and that it provided for the terms and conditions of employment of employees in the civil road construction industry in regional New South Wales. The FWC also found that the agreement provided for adequate protections for employees, including minimum rates of pay, leave entitlements, and other terms and conditions of employment. The FWC approved the agreement as a state agreement under the Fair Work Act.

The FWC's decision provides guidance to employers and employees in the civil road construction industry in regional New South Wales on the requirements for making an agreement that can be approved as a state agreement under the Fair Work Act. Employers and employees in this industry can use this decision as a reference when negotiating and making agreements that provide for the terms and conditions of employment of employees in this industry and region.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established