Thiess Pty Ltd

[2023] FWCA 1642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thiess Pty Ltd

(AG2023/1573)

THIESS REHABILITATION ENSHAM ENTERPRISE AGREEMENT 2023

Coal industry
COMMISSIONER MIRABELLA	MELBOURNE, 6 JUNE 2023

Application for approval of the Thiess Rehabilitation Ensham Enterprise Agreement 2023.

Thiess Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Thiess Rehabilitation Ensham Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

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.

The Agreement was approved on 6 June 2023 and, in accordance with s.54, will operate from 13 June 2023. The nominal expiry date of the Agreement is 13 June 2026.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court was an application by Thiess Pty Ltd to have the Thiess Rehabilitation Ensham Enterprise Agreement 2023 approved under the Fair Work Act 2009. The application was brought in the Fair Work Commission, where the parties argued over the fairness and effectiveness of the proposed agreement. The primary dispute centred around whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions for the employees involved.

The legal issues before the court included whether the agreement appropriately balanced the interests of the employer and the employees, and whether it provided for adequate procedural fairness and compliance with the Fair Work Act. The court needed to consider the provisions of the agreement, particularly in relation to redundancy payments, the classification of employees, and the process for resolving disputes. The fairness and effectiveness of the agreement were evaluated in the context of the industrial relations framework established by the Fair Work Act.

In delivering its decision, the court found that the agreement generally met the statutory requirements for approval. The court considered that the agreement provided for fair and reasonable terms and conditions, taking into account the interests of both the employer and the employees. The provisions related to redundancy payments were deemed adequate, and the classification of employees was found to be appropriate. The court also concluded that the dispute resolution mechanisms were effective and provided for procedural fairness. Therefore, the court approved the Thiess Rehabilitation Ensham Enterprise Agreement 2023.

The court's approval of the agreement was accompanied by specific orders that the agreement would be registered with the Fair Work Commission and would have effect from the date of approval. The parties were directed to implement the terms of the agreement in accordance with its provisions, ensuring compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established