DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Services Pty Ltd T/A Thiess
(AG2015/4989)

THIESS SERVICES & LS NEWCO (NSW FACILITY SERVICES) ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 SEPTEMBER 2015

Application for approval of the Thiess Services LS Newco (NSW Facility Services) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Services & LS Newco (NSW Facility Services) Enterprise Agreement 2015 (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 agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 29 September 2015 and, in accordance with s.54, will operate from 6 October 2015. The nominal expiry date of the Agreement is 1 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thiess Services Pty Ltd, trading as Thiess, applied for the approval of the Thiess Services LS Newco (NSW Facility Services) Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for workers within the facility services sector in New South Wales. The case was heard in the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and employment agreements in Australia.

The primary legal issues before the Commission were whether the enterprise agreement met the requirements under the Fair Work Act 2009, specifically concerning the bargaining process, the terms of the agreement, and its fairness. The Commission also needed to determine if the agreement provided for the proper representation of the employees and if it was in line with the principles of enterprise bargaining.

The Fair Work Commission found that the bargaining process was procedurally sound and that the agreement contained all necessary terms and conditions of employment. The Commission was satisfied that the agreement was fair and reasonable, taking into account the economic and employment circumstances of the parties. The Commission also considered the representation of employees and found that it was adequate for the purposes of the agreement. Consequently, the Fair Work Commission approved the Thiess Services LS Newco (NSW Facility Services) Enterprise Agreement 2015.

The Fair Work Commission issued an order approving the enterprise agreement, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on the parties involved, subject to any further amendments or variations in accordance with the Fair Work Act 2009.

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