Mr. Thiess appealed Commissioner Roe`s decision for seven reasons, focusing primarily on his conclusion that the staff who voted for the contract were not fairly elected or were not subject to the agreement and had not been actually agreed by the workers. Full Bench then decided to consider Thiess` “coverage” argument under the agreement. A full bank, consisting of Vice-President Gostencnik, Vice-President Clancy and Commissioner Lee, decided that Commissioner Roe had erred in his February decision to refuse to approve the agreement by not interrupting the conclusion of the three staff members who voted to approve the agreement. “Chandler had two options – either to make them permanent, with the appropriate claims, or to enter into an enterprise agreement that consists of appropriate testing, including BOOT,” Jordan said. For more information on the interpretation of your enterprise agreement, the management of disputes in your workplace or the representation of the Fair Work Commission, please contact Lindsay Carroll on 0419 887 303 or [email protected] If a job has a registered agreement, the premium does not apply. However, Thiess did not have a contract at the time to work at the Mount Pleasant mine, and none of the employees who voted in favour of the agreement worked at the coal mine. Asked how the Chandler deal could pay less than BHP in Mount Arthur and how the tests were still in place, Jordan said one of the main reasons was that Chandler employees did not receive the production bonus paid to BHP employees. Registered contracts apply until they are terminated or replaced. The three people involved in this contracting process were employed in the construction, scale and planning of heavy machinery maintenance work using their capabilities.

It is reasonable to expect that the preparatory work of the Mount Pleasant Mine Project may have influenced the timing of this particular maintenance, but other commercial reasons may have arisen from time to time, which has led to the maintenance of the equipment. The contracting process is often cumbersome and fraught with delays, which affects productivity and availability as soon as a contract is made. Negotiation and agreement agreements containing provisions of the Fair Work Act are both weak and absurd In 2018, BHP extended its agreement and the scope of Thiess` operations to additional services as a mine operator at the southern end of Mt Arthur Coal (the Ayredales and Roxburgh Pits). On Wednesday, Mr. Jordan said the union had agreed not to prosecute Chandler for “illegal worker participation” on the condition that they pay back $3 an hour to their workers. He said Chandler originally employed his employees in Mount Arthur as part of a “common law agreement of a few pages.” “If BHP were real, it would definitely be issued by Mt Arthur`s current workers, many of whom have worked as casual workers at the mine for years.” The decision also highlights the need for employers to plan their agreement development strategy, particularly with respect to scope and coverage, with a statement of good faith business reasons.