Thiess Pty Ltd T/A Thiess Pty Ltd

[2024] FWCA 1804

[2024] FWCA 1804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thiess Pty Ltd T/A Thiess Pty Ltd

(AG2024/1529)

THIESS MINING PROMINENT HILL MINE ENTERPRISE AGREEMENT 2024

Mining industry
COMMISSIONER ALLISON	MELBOURNE, 22 MAY 2024

Application for approval of the Thiess Mining Prominent Hill Mine Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Thiess Mining Prominent Hill Mine Enterprise Agreement 2024 (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 (Thiess). The Agreement is a single enterprise agreement.

1. The Agreement provides for annualised salary. Thiess has provided the Commission with calculations relating to annualised salaries on current work rosters, showing the Agreement annualised salaries are above, and sometimes significantly above, the equivalent rate under the Mining Industry Award 2020 (the Award), inclusive of relevant shift penalties, overtime, and allowances. I also note provisions in the Agreement ensuring that employees’ wage rate under the Agreement will be better off than under the Award at clauses 12.4, 13.4 and a reconciliation clause at 13.8. Having considered the information provided by Thiess and having regard to the above Agreement clauses, I am satisfied that the annualised Agreement rates provide for rates above the Award.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Agreement was approved on 22 May 2024 and, in accordance with s.54, will operate from 29 May 2024. The nominal expiry date of the Agreement is 29 May 2028.

COMMISSIONER

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