Thiess Pty Ltd
[2024] FWCA 1326
•12 APRIL 2024
| [2024] FWCA 1326 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Thiess Pty Ltd
(AG2024/889)
THIESS MT HOLLAND ENTERPRISE AGREEMENT 2024
| Mining industry | |
| COMMISSIONER WILSON | MELBOURNE, 12 APRIL 2024 |
Application for approval of the Thiess Mt Holland Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Thiess Mt Holland 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.
The notification time for the Agreement under s.173(2) was 9 February 2024 and the Agreement was made on 14 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2024. The nominal expiry date of the Agreement is 12 April 2028.
COMMISSIONER
Annexure A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
Printed by authority of the Commonwealth Government Printer
<AE524205 PR773469>
0
0
0