Thiess Pty Ltd Summary

[2025] FWCA 870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thiess Pty Ltd

(AG2025/379)

THIESS PEAK DOWNS AND CAVAL RIDGE ENTERPRISE AGREEMENT 2025

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 11 MARCH 2025

Application for approval of the Thiess Peak Downs and Caval Ridge Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Thiess Peak Downs and Caval Ridge Enterprise Agreement 2025 (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 Applicant). The Agreement is a single enterprise agreement.

The name of the Agreement listed in the NERR was different. I am satisfied that I should exercise discretion under s.188(5) to disregard this change as a minor procedural change. It is unlikely that employees are to be disadvantaged or that the change would impact the employees understanding of the Agreement due to this title change.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Mining and Energy Union (MEU) lodged Form F18 statutory declarations giving 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 the Agreement covers the CEPU and the MEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Thiess Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the employee representative. The dispute centred on the application for approval of the Thiess Peak Downs and Caval Ridge Enterprise Agreement 2025, which sought to govern the employment terms and conditions for workers at specified sites. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Act, specifically sections 233 and 234, which outline the criteria for an agreement to be considered “bargained for” and “in good faith.” The Commission had to assess whether the bargaining process was genuine and whether the agreement met the statutory requirements for approval. Additionally, the Commission needed to consider any submissions from other interested parties, such as employees and other unions, to ensure a comprehensive evaluation of the agreement's compliance with the Act.

The Commission examined the evidence provided by both parties and found that the agreement had been negotiated in good faith and met all statutory requirements. The Commission noted that the bargaining process was robust and that all necessary steps had been taken to ensure that the agreement was representative of the employees' interests. The Commission also considered the submissions from other interested parties and found no evidence to suggest that the agreement was not in the best interest of the employees. Consequently, the Commission approved the Thiess Peak Downs and Caval Ridge Enterprise Agreement 2025, finding it to be fair and reasonable under the Act.

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