Thiess Pty Ltd T/A Thiess

Thiess Pty Ltd T/A Thiess was involved in a legal dispute concerning the transfer of employees who were originally employed under the Leighton Sonoma Enterprise Agreement 2009. The case was heard by the Fair Work Commission, which is responsible for resolving workplace disputes under Australian law. The primary issue at hand was whether the transfer of these employees to Thiess constituted a transfer under the relevant legislation, and if so, whether the terms and conditions of their employment were adequately protected.

The court was tasked with determining the applicability of the transfer provisions of the Fair Work Act 2009, specifically whether the transfer constituted a "business restructuring" or a "transfer of a business as a going concern." Additionally, the court had to consider whether Thiess, as the transferee, had complied with the requirements to provide the transferred employees with a Notice of Transfer, and if the new employment conditions offered were in accordance with the relevant enterprise agreement or, in the absence of one, the applicable general awards.

The Fair Work Commission found that the transfer did indeed constitute a business restructuring, as the employees were transferring from one entity to another within the same corporate group. The court further determined that Thiess had complied with its obligations to provide the requisite notices to the employees and that the terms of employment offered to the employees were consistent with the provisions of the Leighton Sonoma Enterprise Agreement 2009. The Commission concluded that Thiess had fulfilled its legal obligations under the Act in relation to the transfer, and the dispute was accordingly resolved in favour of Thiess.