DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Services Pty Ltd
(AG2015/776)

THIESS SERVICES (QUEENSLAND WATER & SEWERAGE) AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 MAY 2015

Application for approval of the Thiess Services (Queensland Water & Sewerage) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Services (Queensland Water & Sewerage) Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Thiess Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] On 29 April 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 May 2015. The nominal expiry date of the Agreement is 1 September 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Thiess Services Pty Ltd applied for approval of the Thiess Services (Queensland Water & Sewerage) Agreement 2015, which was to be determined by the Fair Work Commission (FWC). The dispute arose from negotiations between Thiess Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) regarding the employment conditions of Thiess employees in Queensland. The CFMEU objected to the approval of the agreement, arguing it was not in the best interests of the employees.

The legal issues before the FWC were whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was in the best interests of the employees, if it provided for the terms and conditions of employment, and if it was free from any unlawful content. The CFMEU's objections centred on provisions concerning pay rates, superannuation, and penalty rates. The FWC examined the evidence presented by both parties and considered the broader economic and industrial context.

In its decision, the FWC found that the agreement was in the best interests of the employees. The FWC noted that the agreement provided for fair and reasonable terms of employment, including adequate pay rates and conditions. The FWC also determined that the agreement was free from any unlawful content and did not contravene any provisions of the Fair Work Act. The objections raised by the CFMEU were not sufficient to prevent the approval of the agreement.

The FWC approved the Thiess Services (Queensland Water & Sewerage) Agreement 2015, finding it met the necessary criteria under the Fair Work Act. The agreement was to be registered and would apply to the employees of Thiess Services Pty Ltd in Queensland.

Thiess Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established