Thiess Pty Ltd

[2013] FWCA 1532

FAIR WORK COMMISSION

DECISION

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

Thiess Pty Ltd
(AG2013/435)

THIESS CURRAGH MINE ENTERPRISE AGREEMENT 2013

Coal industry
COMMISSIONER SPENCER	BRISBANE, 13 MARCH 2013

Application for approval of the Thiess Curragh Mine Enterprise Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the Thiess Curragh Mine Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 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 following Unions being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them:

● Construction, Forestry, Mining and Energy Union;
● “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); and
● Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[1] In accordance with s.201(2) I note that the Agreement covers these organisations.

[2] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is attached to the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2013. The nominal expiry date of the Agreement is 20 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Thiess Curragh Mine Enterprise Agreement 2013, which was brought before the Fair Work Commission. The application was made by Thiess Pty Ltd, an employer, and the Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred on specific clauses within the agreement that were being challenged by the applicant.

The legal issues that the Commission needed to resolve included whether the agreement satisfied the requirements of section 234 of the Fair Work Act, including whether it provided for the protection of employees’ rights and interests, and whether it contained provisions that were not contrary to public policy. The Commission also had to consider the nature of the enterprise and whether the agreement appropriately reflected the needs and interests of both the employer and the employees.

The Fair Work Commission found that the enterprise agreement met the necessary criteria for approval. The Commission was satisfied that the agreement provided adequate protections for the employees' rights and interests, and that it did not contain any provisions that were contrary to public policy. Furthermore, the Commission determined that the agreement appropriately reflected the specific needs and interests of the enterprise. As a result, the Commission approved the Thiess Curragh Mine Enterprise Agreement 2013.

The final orders of the Commission included the approval of the Thiess Curragh Mine Enterprise Agreement 2013, with the conditions that it would be registered and enforceable under the Fair Work Act. The Commission also directed that the agreement would come into effect on the date of the Commission’s decision, ensuring that the terms and conditions set out in the agreement would be binding on both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established