Thiess Pty Ltd T/A Thiess

[2022] FWCA 3342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Thiess Pty Ltd T/A Thiess

(AG2022/3615)

Thiess Iron Bridge Agreement 2022

Mining industry
COMMISSIONER HUNT	BRISBANE, 27 SEPTEMBER 2022

Application for approval of the Thiess Iron Bridge Agreement 2022

Thiess Pty Ltd T/A Thiess (the Employer) has applied for approval of an enterprise agreement known as the Thiess Iron Bridge Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representative regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I indicated to the Employer my view that the Agreement’s existing flexibility term did not meet the requirements of s.203 of the Act, and that in the event of approval, the model flexibility term will be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 2.2 to the Fair Work Regulations 2009 (the Regulations) is attached to the Agreement and is taken to be a term of it.

I also indicated to the Employer my view that the Agreement’s existing consultation term did not meet the requirement of s.205 of the Act, and that in the event of approval, the model consultation term will be inserted into the Agreement. Pursuant to s.205(2) of the Act, the model consultation term prescribed by Schedule 2.3 to the Regulations is attached to the Agreement and taken to be a term of it.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2022. The nominal expiry date of the Agreement is 27 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

In the case of Thiess Pty Ltd T/A Thiess, the matter was heard by the Fair Work Commission. The dispute involved the approval of the Thiess Iron Bridge Agreement 2022, which was proposed to govern the employment terms and conditions of the workers. The applicant sought approval of the agreement, which was necessary for its implementation.

The legal issues before the Commission centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the terms and conditions of employment, ensured genuine bargaining, and included appropriate dispute resolution mechanisms. Additionally, the Commission had to consider the impact of the agreement on the employees and whether it provided fair and reasonable terms.

The Commission found that the agreement was the product of genuine bargaining and contained adequate terms and conditions of employment. The Commission also noted that the agreement included appropriate dispute resolution mechanisms and that it provided fair and reasonable terms for the employees. Accordingly, the Commission approved the Thiess Iron Bridge Agreement 2022, allowing it to come into effect and govern the employment terms and conditions of the workers.

The Commission approved the Thiess Iron Bridge Agreement 2022, allowing it to come into effect and govern the employment terms and conditions of the workers. This decision provided certainty and stability for both the applicant and the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established