Thiess Pty Ltd T/A Thiess Summary

[2023] FWCA 218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thiess Pty Ltd T/A Thiess

(AG2022/5549)

THIESS OLIVE DOWNS ENTERPRISE AGREEMENT 2022

Coal industry
COMMISSIONER SIMPSON	BRISBANE, 20 JANUARY 2023

Application for approval of the Thiess Olive Downs Enterprise Agreement 2022

An application has been made for the approval of a greenfields agreement known as the Thiess Olive Downs Enterprise Agreement 2022 (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).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

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

In accordance with s. 187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AMWU, CEPU and CFMMEU and that the Agreement covers these organisations.
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 applicant, Thiess Pty Ltd trading as Thiess, applied to the Fair Work Commission for approval of the Thiess Olive Downs Enterprise Agreement 2022. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The central issue in the case was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that it provide for minimum rates of pay and conditions. The contested aspect was the method by which the agreement proposed to determine the rates of pay for employees, particularly in relation to shift differentials.

The Commission began by examining the text of the agreement and the submissions made by both parties. It noted that the agreement contained provisions for minimum rates of pay and that the method proposed for determining shift differentials was consistent with industry practices and did not result in employees being paid less than the applicable award rates. The Commission found that the agreement was fair and did not contain any terms that would undermine the protection of employees' rights. It concluded that the agreement met the statutory requirements for approval under the Fair Work Act.

The Commission approved the Thiess Olive Downs Enterprise Agreement 2022, and it is now registered with the Fair Work Commission. The agreement will apply to the relevant employees and will provide the basis for their employment conditions moving forward. The decision serves as a reminder of the importance of ensuring that enterprise agreements are compliant with the Fair Work Act and that they provide for fair and reasonable terms and conditions of employment.

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