Thiess Pty Ltd T/A Thiess
[2023] FWCA 1000
•4 APRIL 2023
| [2023] FWCA 1000 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Thiess Pty Ltd T/A Thiess
(AG2023/748)
THIESS LAKE VERMONT MINE ENTERPRISE AGREEMENT 2023
| Mining industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 4 APRIL 2023 |
Application for approval of the Thiess Lake Vermont Mine Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Thiess Lake Vermont Mine 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 (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.
The Agreement does not contain a model consultation term compliant with section 205(2) of the Act. The Applicant provided an undertaking however the undertaking does not resolve the issues and therefore is not required and instead the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the Construction, Forestry, Mining, Maritime and Energy Union (CFMMEU) both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and the CFMMEU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 10 April 2026.
DEPUTY PRESIDENT
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