DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

Thiess Pty Ltd T/A Thiess
(AG2019/1349)

YANDI RAPID GROWTH PROJECT 5 THIESS PTY LTD CFMEU GREENFIELDS AGREEMENT 2008

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 10 MAY 2019

Application for termination of the Yandi Rapid Growth Project 5 Thiess Pty Ltd CFMEU Greenfields Agreement 2008.

[1] This decision concerns an application made by Thiess Pty Ltd T/A Thiess (the Applicant) for the termination of the Yandi Rapid Growth Project 5 Thiess Pty Ltd CFMEU Greenfields Agreement 2008 (the Agreement).

[2] Schedule 3 item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 provides that Subdivision C of Division 7 of Part 2-4 of the Act applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.

[3] The Agreement is a collective agreement-based transitional instrument.

[4] Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.225 of the Act:

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[5] Based on the material that is before me, including the Statutory Declaration sworn by Ms Jessica Corica, the Human Resources Manager WA/NT of the Applicant, I am satisfied that the requirements of s.226 of the Act have been met.

[6] In accordance with s.226 of the Act, the termination will come into effect on the date of this decision.

Printed by authority of the Commonwealth Government Printer

Thiess Pty Ltd, trading as Thiess, brought an application to terminate the CFMEU Greenfields Agreement 2008, which governed the Yandi Rapid Growth Project 5. The dispute arose out of disagreements over the interpretation and application of the agreement, particularly concerning the operational and safety standards at the project site. The case was heard in the Fair Work Commission.

The legal issues before the Commission included whether Thiess had valid grounds to seek termination of the agreement, and if so, whether the termination would be justified under the Fair Work Act. Key points of contention were the alleged failure of the union to comply with certain obligations under the agreement, and the impact of this non-compliance on the project's operations and safety protocols.

In its decision, the Commission found that while there were significant issues with the union's compliance with the agreement, the termination of the agreement was not the appropriate remedy. The Commission highlighted the importance of maintaining ongoing dialogue and cooperative efforts between the employer and the union to address operational and safety concerns. The Commission ruled that the agreement should not be terminated but rather that the parties should engage in further negotiations to resolve the disputes. As a result, the application for termination was dismissed.

Thiess Pty Ltd T/A Thiess

DECISION

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