DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Ltd T/A Thiess
(AG2015/3557)

THIESS MINING LAKE VERMONT MINE ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 16 JULY 2015

Application for approval of the Thiess Mining Lake Vermont Mine Enterprise Agreement 2015.

[1] Thiess Pty Ltd T/A Thiess applies for approval of an enterprise agreement known as the Thiess Mining Lake Vermont Mine Enterprise Agreement 2015 (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.

[2] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] On 14 July 2015 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

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

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 23 July 2015. The nominal expiry date of the Agreement is 23 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Thiess Pty Ltd, trading as Thiess, applied for approval of the Thiess Mining Lake Vermont Mine Enterprise Agreement 2015. The application arose in the context of industrial negotiations between Thiess and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The crux of the dispute centred on the terms and conditions of employment for workers within the mining industry, specifically those covered by the proposed enterprise agreement.

The key legal issues the Commission had to address were whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, including the provision that the agreement must be in writing, provide for a method of dispute resolution, and be free from prohibited content. Additionally, the Commission needed to ensure that the agreement was made in good faith and followed a genuine negotiation process.

The Fair Work Commission found that the proposed enterprise agreement met the necessary statutory requirements. The agreement was in writing, contained a dispute resolution mechanism, and did not include any prohibited content. The Commission also concluded that the negotiation process was conducted in good faith and that the agreement was not made under duress. Consequently, the Commission approved the Thiess Mining Lake Vermont Mine Enterprise Agreement 2015, affirming that it complied with the relevant provisions of the Fair Work Act.

The final orders of the Commission were that the Thiess Mining Lake Vermont Mine Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act. This decision allowed the agreement to be implemented, providing a legally binding framework for the employment conditions of workers at the Lake Vermont Mine.

Thiess Pty Ltd T/A Thiess

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established