Thiess Pty Ltd Summary

[2013] FWCA 6193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Thiess Pty Ltd
(AG2013/2231)

THIESS BURTON COAL MINE AGREEMENT 2012

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 27 AUGUST 2013

Application for variation of the Thiess Burton Coal Mine Agreement 2012.

[1] An application has been made for a variation of the Thiess Burton Coal Mine Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by the Thiess Pty Ltd.

[2] The Construction, Forestry, Mining and Energy Union - Mining and Energy Division, an organisation covered by the Agreement, has filed a Declaration in support of the application for approval of the variation of the Agreement indicating that all relevant requirements as outlined in the application and the Employer Declaration in support of it have been met.

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The variation to the Agreement is approved in accordance with Schedule One. In accordance with s.216 of the Act, this decision will operate from 27 August 2013.

[5] The consolidated version of Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Thiess Pty Ltd applied for a variation of the Thiess Burton Coal Mine Agreement 2012. The applicant sought to alter certain terms of the agreement in relation to the operation of the Burton Coal Mine, including changes to the working hours and shift patterns for employees. The dispute arose between Thiess, the coal mine operator, and the relevant union representing the employees, which opposed the proposed changes.

The legal issues before the Court involved the interpretation and application of the relevant industrial instruments, including the Fair Work Act 2009 and the Thiess Burton Coal Mine Agreement 2012. The primary issue was whether the proposed changes to the agreement were consistent with the terms of the Fair Work Act and the agreement itself, as well as whether the changes would unfairly prejudice the employees' terms and conditions of employment.

In considering these issues, the Court noted that the proposed changes were aimed at improving operational efficiency and responding to market demands. The Court found that the changes were consistent with the terms of the Fair Work Act and the existing agreement, and that there was no unfair prejudice to the employees. The Court also took into account the parties' negotiations and the need for flexibility in the operation of the coal mine. As a result, the Court granted the application for variation, allowing Thiess to implement the proposed changes to the Thiess Burton Coal Mine Agreement 2012.

The Court ordered that the Thiess Burton Coal Mine Agreement 2012 be varied as per the applicant's request, with the changes taking effect from the specified date. The Court also directed that the parties continue to negotiate in good faith to address any further issues that may arise in the future.

Thiess Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established