DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Services Pty Ltd T/A Thiess
(AG2014/10911)

THIESS SERVICES PTY LTD, UTILITIES SERVICES ENTERPRISE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CRIBB	MELBOURNE, 9 JANUARY 2015

Application for approval of the Thiess Services Pty Ltd, Utilities Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Services Pty Ltd, Utilities Services 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 T/A Thiess. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement was approved in Chambers on 9 January 2015 and, in accordance with s.54 of the Act, will operate from 16 January 2015. The nominal expiry date of the Agreement is 8 February 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Thiess Services Pty Ltd, trading as Thiess, applied for the approval of the Thiess Services Pty Ltd, Utilities Services Enterprise Agreement 2014. The application was made under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees within the utilities services industry.

The primary legal issues before the Commission were whether the agreement met the requirements of section 230 of the Fair Work Act, specifically whether the agreement was in the best interests of the employees it covered and whether it provided for the proper management of the workplace. The Commission also had to consider whether the agreement complied with the Fair Work Act's good faith bargaining provisions and if it adhered to the modern awards applicable to the employees.

The Commission found that the agreement met the statutory requirements. It was in the best interests of the employees as it provided a range of benefits, including wage increases, improved leave provisions, and better working conditions. The Commission also concluded that the agreement facilitated proper management of the workplace by providing clear guidelines for dispute resolution and employee classification. The agreement was found to comply with the good faith bargaining provisions and was consistent with the applicable modern awards. Consequently, the Commission approved the agreement under section 233 of the Fair Work Act.

The Commission's final order was the approval of the Thiess Services Pty Ltd, Utilities Services Enterprise Agreement 2014, effective from the date of the decision. The agreement is now a registered agreement and will apply to the employees it covers, providing the terms and conditions of their employment.

Thiess Services Pty Ltd T/A Thiess

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established