Thiess Pty Ltd T/A Thiess Pty Ltd Summary

[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

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.

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.

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.

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.

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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CaseChat Overview and Summary

Thiess Pty Ltd, trading as Thiess Pty Ltd, sought approval of the Thiess Mining Prominent Hill Mine Enterprise Agreement 2024 from the Fair Work Commission. The agreement sought to establish terms and conditions for employees working at the Prominent Hill Mine. The primary dispute involved the interpretation and application of the Fair Work Act 2009 in relation to the proposed enterprise agreement.

The court was tasked with determining whether the agreement met the requirements under the Fair Work Act. Key issues included whether the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith and without coercion. The court also considered whether the agreement adequately protected employees' rights and interests.

The Fair Work Commission, after reviewing submissions and evidence from both parties, found that the agreement was fair and reasonable. It was concluded that the agreement provided appropriate terms and conditions for the employees, and was made in good faith. The Commission was satisfied that the agreement was not made under any duress or coercion and that it adequately protected the employees' rights and interests.

The Fair Work Commission approved the Thiess Mining Prominent Hill Mine Enterprise Agreement 2024, thereby allowing it to come into effect as per the specified terms.

Thiess Pty Ltd T/A Thiess Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established