Thiess Pty Ltd

[2024] FWCA 3539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thiess Pty Ltd

(AG2024/3615)

THIESS MOUNT THORLEY AND TMS NEW SOUTH WALES ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT DEAN	CANBERRA, 9 OCTOBER 2024

Application for approval of the Thiess Mount Thorley and TMS New South Wales Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Thiess Mount Thorley and TMS New South Wales Enterprise Agreement 2024 (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.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

In accordance with clause 5 of the Agreement, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

In accordance with clause 31 of the Agreement, the workplace delegates’ rights term in clause 29A of the Black Coal Mining Industry Award 2020 is taken to be a term of the Agreement.

The 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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2024. The nominal expiry date of the Agreement is 8 October 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Thiess Pty Ltd, the Fair Work Commission (FWC) was asked to consider the approval of the Thiess Mount Thorley and TMS New South Wales Enterprise Agreement 2024. The application for approval was lodged by the employer, Thiess Pty Ltd, and the dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The FWC was tasked with determining whether the agreement met the criteria for approval, particularly focusing on the agreement's fairness and its compliance with the requirements for enterprise agreements.

The primary legal issues before the FWC involved assessing whether the proposed agreement was a genuine enterprise agreement and whether it satisfied the provisions of the Fair Work Act. This included verifying that the agreement was appropriately negotiated and covered the appropriate employees, among other criteria. The FWC had to ensure that the agreement provided for minimum terms and conditions of employment, including pay rates and other entitlements, in a manner that was fair and reasonable.

The FWC examined the application and the agreement in detail, considering submissions from both the employer and the employees. After reviewing the evidence and submissions, the FWC concluded that the proposed agreement met the requirements for approval under the Fair Work Act. The FWC found that the agreement had been genuinely negotiated and was fair and reasonable, providing for the minimum terms and conditions of employment as required. Consequently, the FWC approved the Thiess Mount Thorley and TMS New South Wales Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established