Application by Thiess Pty Ltd Trading As Thiess
Citation: [2026] FWCA 2054
What happened
Thiess Pty Ltd Trading As Thiess applied for approval of the Thiess Lake Vermont Mine Enterprise Agreement 2026 under section 185 of the Fair Work Act 2009. The agreement is a single enterprise agreement covering employees at the Lake Vermont Mine. Several unions, including the Mining and Energy Union (MEU), the Australian Manufacturing Workers' Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) indicated their desire for the agreement to cover them.
What was decided
The Fair Work Commission approved the Thiess Lake Vermont Mine Enterprise Agreement 2026. The Commissioner was satisfied that the requirements of sections 186, 187 and 188 of the Act were met, noting written undertakings provided by Thiess. The agreement will operate from August 10, 2026, with a nominal expiry date of August 3, 2026. It also incorporates certain terms relating to workplace delegates' rights from the Black Coal Mining Industry Award 2020 and ensures that entitlements under the National Employment Standards (NES) prevail where there is an inconsistency.
What it means for employers
Employers seeking approval for enterprise agreements must provide written undertakings if requested, ensuring they don’t cause financial detriment to employees or substantially alter the agreement. They also need to consider how their agreement interacts with the NES and other relevant awards.
What it means for employees
Employees covered by the Thiess Lake Vermont Mine Enterprise Agreement 2026 will benefit from the terms outlined in the agreement, which are subject to certain undertakings. The agreement ensures that National Employment Standards entitlements remain applicable where there is a conflict with the enterprise agreement’s provisions.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →