Thiess Pty Ltd T/A Thiess

[2023] FWCA 1018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thiess Pty Ltd T/A Thiess

(AG2023/819)

THIESS MOUNT PLEASANT OPERATION ENTERPRISE AGREEMENT 2023

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 6 APRIL 2023

Application for approval of the Thiess Mount Pleasant Operation Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Thiess Mount Pleasant Operation Enterprise Agreement 2023 (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 T/A Thiess (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Thiess Pty Ltd, trading as Thiess, which applied for approval of the Thiess Mount Pleasant Operation Enterprise Agreement 2023. The dispute centred around the procedural fairness of the agreement, particularly concerning the process of consultation with employees before the agreement was finalised. The Commission was tasked with determining whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether Thiess had adequately consulted with its employees before finalising the enterprise agreement. The Commission had to examine the evidence provided by Thiess regarding the consultation process, assess whether the process was fair and balanced, and determine if the employees had a reasonable opportunity to provide input. Additionally, the Commission needed to consider whether the agreement met the requirements of the Fair Work Act, particularly the provisions relating to good faith bargaining and the protection of employee interests.

In its decision, the Commission found that Thiess had engaged in good faith consultation with its employees, providing them with relevant information and an opportunity to provide feedback. The Commission noted that Thiess had taken reasonable steps to ensure that the consultation process was fair and balanced, and that employees had a meaningful opportunity to participate in the decision-making process. The Commission was satisfied that the enterprise agreement met the requirements of the Fair Work Act, and that it was in the best interests of the employees. Consequently, the Commission approved the Thiess Mount Pleasant Operation Enterprise Agreement 2023.

The Fair Work Commission approved the Thiess Mount Pleasant Operation Enterprise Agreement 2023, recognising that Thiess had engaged in good faith consultation with its employees and provided them with a reasonable opportunity to participate in the decision-making process. The Commission's decision underscores the importance of fair and balanced consultation in the enterprise agreement process, and serves as a reminder to employers of their obligations under 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