Thiess Pty Ltd

[2022] FWCA 2150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thiess Pty Ltd

(AG2022/1752)

Thiess Peak Downs & Caval Ridge Enterprise Agreement 2022

Mining industry
COMMISSIONER HUNT	BRISBANE, 30 JUNE 2022

Application for approval of the Thiess Peak Downs & Caval Ridge Enterprise Agreement 2022

Thiess Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Thiess Peak Downs & Caval Ridge Enterprise Agreement 2022 (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.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry, Maritime, Mining and Energy Union – Mining and Energy Division (the CFMMEU) 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) of the Act I note that the Agreement covers the CFMMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A – Undertakings

CaseChat Overview and Summary

The case before the Fair Work Commission involved Thiess Pty Ltd, who sought approval of the Thiess Peak Downs & Caval Ridge Enterprise Agreement 2022. The dispute centred on whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement complied with various provisions, including those relating to employee consultation and the resolution of any disputes.

The legal issues before the Commission were primarily concerned with the adequacy of the consultation process and whether the agreement appropriately addressed the interests of the employees. The Commission needed to examine if the agreement had been negotiated in good faith and whether it contained the necessary provisions for fair and effective dispute resolution mechanisms. Additionally, the Commission had to consider if the agreement provided sufficient protections and benefits for the employees, as required by the legislation.

The Fair Work Commission found that the consultation process had been conducted appropriately, with meaningful engagement between the parties. The Commission was satisfied that the agreement had been negotiated in good faith and contained provisions that allowed for fair and effective dispute resolution. The agreement was deemed to provide adequate protections and benefits for the employees, meeting the requirements of the Fair Work Act. Consequently, the Commission approved the Thiess Peak Downs & Caval Ridge Enterprise Agreement 2022, finding it to be in compliance with all necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established