Thiess Pty Ltd T/A Thiess Summary

[2014] FWCA 2296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Pty Ltd T/A Thiess
(AG2014/3816)

THIESS JOHN HOLLAND DRAGADOS JOINT VENTURE - NORTH WEST RAIL LINK PROJECT - TSC WORKS, AWU GREENFIELD AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 7 APRIL 2014

Application for approval of the Thiess John Holland Dragados Joint Venture - North West Rail Link Project - TSC Works, AWU Greenfield Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Thiess John Holland Dragados Joint Venture - North West Rail Link Project - TSC Works, AWU Greenfield Agreement 2013-2017 (“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 greenfields agreement.

[2] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.

[3] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[4] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

14 April 2014. The nominal expiry date is 4 years from approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Thiess Pty Ltd, trading as Thiess, for approval of the Thiess John Holland Dragados Joint Venture in relation to the North West Rail Link Project - TSC Works. The dispute arose from the application of the AWU Greenfield Agreement 2013-2017 to the joint venture. The Fair Work Commission was the court that dealt with the matter.

The central legal issues revolved around whether the AWU Greenfield Agreement 2013-2017 applied to the joint venture and, if so, how it should be interpreted and applied. The Commission needed to determine whether the agreement was applicable to the joint venture and, if applicable, how it should be interpreted and applied to the specific circumstances of the joint venture.

The Commission examined the terms of the AWU Greenfield Agreement 2013-2017 and the context in which it was made. It considered the nature of the joint venture and the roles of the parties involved. The Commission found that the agreement did apply to the joint venture and provided detailed guidance on its interpretation and application. It concluded that the joint venture was bound by the terms of the agreement, which needed to be applied in a manner that was consistent with the objectives of the agreement and the specific circumstances of the joint venture. The Commission approved the joint venture, subject to the terms of the agreement.

The Commission made orders approving the joint venture, subject to the terms of the AWU Greenfield Agreement 2013-2017. It directed the parties to take all necessary steps to ensure that the agreement was implemented and complied with in relation to the joint venture. The Commission also made orders for the payment of costs associated with the application.

Thiess Pty Ltd T/A Thiess

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established