Thomas & Coffey Limited

[2013] FWCA 1458

FAIR WORK COMMISSION

DECISION

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

Thomas & Coffey Limited
(AG2013/426)

THOMAS & COFFEY GLADSTONE WORKSHOP SERVICES COLLECTIVE AGREEMENT (2013-2016)

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 11 MARCH 2013

Application for approval of the Thomas & Coffey Gladstone Workshop Services Collective Agreement (2013-2016).

[1] An application has been made for approval of an enterprise agreement known as the Thomas & Coffey Gladstone Workshop Services Collective Agreement (2013-2016) (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thomas & Coffey Limited. 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 18 March 2013. The nominal expiry date of the agreement is 31 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thomas & Coffey Limited applied for approval of the Thomas & Coffey Gladstone Workshop Services Collective Agreement (2013-2016) before the Fair Work Commission. The application involved the terms and conditions of employment for workers employed by Thomas & Coffey Limited at their Gladstone Workshop Services. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided fair and reasonable terms and conditions of employment and whether it complied with the statutory requirements under the Fair Work Act. Specifically, the Commission had to consider if the agreement contained all the mandated minimum terms and conditions, if it was free from prohibited content, and if it was made in good faith and covered a suitable bargaining area.

The Commission found that the agreement contained all the mandated minimum terms and conditions and was free from prohibited content. The Commission also determined that the agreement was made in good faith and covered a suitable bargaining area. The Commission noted the parties had engaged in genuine bargaining and the agreement reflected a fair and reasonable outcome for the employees. As a result, the Commission approved the agreement, finding that it met all the statutory requirements.

The Fair Work Commission approved the Thomas & Coffey Gladstone Workshop Services Collective Agreement (2013-2016) and registered it under the Fair Work Act. The agreement was effective from 1 January 2013 and remained in force until 31 December 2016. The Commission's decision provided certainty and stability to the employment relationship between the parties and ensured that the employees were protected by fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established