Thiess Pty Ltd T/A Thiess Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thiess Pty Ltd, trading as Thiess, applied to the Fair Work Commission for approval of the Thiess Lake Vermont Mine Enterprise Agreement 2023. The dispute arose as the parties could not reach a consensus on the terms of the agreement, necessitating intervention by the Commission. The Commission was tasked with determining whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues centred on whether the agreement complied with the legislative requirements, including provisions related to the employees' rights, wages, conditions, and the process through which the agreement was made. The Commission needed to ensure that the agreement did not disadvantage employees and that it was made in good faith, without coercion. Additionally, the agreement had to provide for a minimum 5% increase in wages, as mandated by the Fair Work Act.

The Commission found that the agreement substantially complied with the legislative requirements. It determined that the agreement was made in good faith and without coercion, and that it provided for the mandated 5% wage increase. The Commission also found that the agreement did not disadvantage the employees and was in line with the Fair Work Act. Therefore, the Commission approved the Thiess Lake Vermont Mine Enterprise Agreement 2023.

The Fair Work Commission approved the Thiess Lake Vermont Mine Enterprise Agreement 2023. The approval was subject to the conditions set forth in the agreement and the Fair Work Act. The decision provided clarity on the terms of employment for the employees involved and ensured that the agreement met all necessary legal standards.

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