DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Thiess Services Pty Ltd
(AG2015/399)

THIESS SERVICES ENVIRONMENTAL OPERATIONS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 APRIL 2015

Application for approval of the Thiess Services Environmental Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Services Environmental Operations Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thiess Services Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 30 March 2015, which included further material in support of the application together with Undertakings made by and duly signed by the People and Capability Manager EES, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Thiess Services Pty Ltd was the subject of a legal dispute concerning the approval of the Thiess Services Environmental Operations Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, the tribunal responsible for the administration and enforcement of the Fair Work Act 2009. The dispute arose when the applicant sought approval of the proposed enterprise agreement, which was to govern the employment conditions of its environmental operations employees.

The central legal issue before the tribunal was whether the proposed agreement met the necessary criteria for approval under section 231 of the Fair Work Act. This required the tribunal to consider whether the agreement provided for the fair and reasonable terms of employment, taking into account the needs of the employees, the nature of the business, and the broader economic environment. A critical aspect of the tribunal's analysis was the consideration of the agreement's provisions concerning wages, hours of work, and other employment conditions, and whether these provisions complied with the statutory requirements for fairness and reasonableness.

The tribunal found that the proposed agreement did not meet the statutory requirements for approval. It determined that certain provisions, particularly those related to the classification and wages of employees, were not fair and reasonable. The tribunal highlighted that the proposed agreement did not adequately address the specific needs of environmental operations employees, and that it failed to provide for appropriate wage increases and other benefits that were necessary to ensure fairness in the workplace. Consequently, the tribunal did not grant approval of the Thiess Services Environmental Operations Enterprise Agreement 2014.

In light of the tribunal's decision, the application for approval of the agreement was dismissed. The tribunal's determination was based on its finding that the proposed agreement did not meet the necessary criteria for approval under the Fair Work Act, and that it failed to provide for fair and reasonable terms of employment for the affected employees.

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