Thiess Pty Ltd Summary

[2013] FWCA 980

FAIR WORK COMMISSION

DECISION

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

Thiess Pty Ltd
(AG2013/43)

THIESS NEW SOUTH WALES BUILDING ENTERPRISE AGREEMENT 2012 - 2016

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 12 FEBRUARY 2013

Application for approval of the Thiess New South Wales Building Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Thiess New South Wales Building Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement at clause 17 - Hours of work, provides for an ordinary span of hours between 6:00am to 6:00pm. The Building and Construction General On-site Award 2010 (the Award) provides for an ordinary span of hours from 7:00am to 6:00pm. The Commission questioned the increase in the spread of hours and how employees covered by this Agreement are better off overall. The Applicant has advised that the rates of pay in clause 9 of the Agreement are higher, and compensate for the additional increase in the span of ordinary working hours.

[3] The Commission questioned the operation of clause 43 - Flexibility, and in particular subclause 43.5(a) and 43.8 of the Agreement. The Applicant subsequently advised that the reference to clause 40.4 in subclause 43.5(a) is a typographical error and should refer to clause 43.4. Furthermore, the reference to clause 40.6(a) in subclause 43.8 is also a typographical error and should refer to clause 43.6.

[4] The Agreement covers those employees in the classification structure in Appendix B of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[6] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers that organisation.

[7] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 19 February 2013. The nominal expiry date of the Agreement is 1 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Thiess Pty Ltd and the Fair Work Commission, where Thiess Pty Ltd sought approval of the Thiess New South Wales Building Enterprise Agreement 2012 - 2016. The legal dispute arose from the complexities and implications of the proposed agreement's terms and conditions, which required judicial scrutiny to ensure compliance with the Fair Work Act 2009.

The central legal issues before the court were whether the proposed agreement met the statutory requirements for approval, particularly regarding the fairness and reasonableness of the terms and conditions proposed. The court needed to assess whether the agreement provided for the fair and reasonable terms and conditions of employment as required by the Fair Work Act 2009. Additionally, the court had to consider whether the agreement adequately addressed the bargaining interests of both the employer and the employees.

In its decision, the court carefully reviewed the proposed agreement, taking into account the submissions from both Thiess Pty Ltd and the relevant employees' representatives. The court found that the agreement contained terms and conditions that were fair and reasonable, taking into account the bargaining positions of both parties. The court noted that the agreement provided for appropriate wage increases, benefits, and working conditions that reflected the economic environment and the parties' needs. As such, the court approved the agreement under the Fair Work Act 2009.

The court's final orders were that the Thiess New South Wales Building Enterprise Agreement 2012 - 2016 be approved and registered as a registered agreement. This approval ensures that the agreement can now be implemented as a legally binding contract between Thiess Pty Ltd and the relevant employees.

Thiess Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established