Thomas & Coffey Limited Summary

[2014] FWCA 1176

FAIR WORK COMMISSION

DECISION

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

Thomas & Coffey Limited
(AG2014/119)

THOMAS & COFFEY LIMITED (WOLLONGONG) AIR CONDITIONING SERVICES ENTERPRISE AGREEMENT 2014

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 17 FEBRUARY 2014

Application for approval of the Thomas & Coffey Limited (Wollongong) Air Conditioning Services Enterprise Agreement (2014).

[1] An application has been made for approval of an enterprise agreement known asthe Thomas & Coffey Limited (Wollongong) Air Conditioning 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 Thomas & Coffey Limited (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 13 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thomas & Coffey Limited, an employer, brought an application before the Fair Work Commission for approval of the Thomas & Coffey Limited (Wollongong) Air Conditioning Services Enterprise Agreement (2014). The application was opposed by the Shop, Distributive and Allied Employees’ Association (SDA), a union representing some of the employees. The central issue before the Commission was whether the agreement was appropriate for approval, considering the provisions of the Fair Work Act 2009. The SDA argued that the agreement did not meet the "better off overall test" as required by section 235 of the Act, meaning that employees would not be better off overall if the agreement was approved. They also claimed that certain provisions of the agreement contravened the general protections provisions of the Act.

The Fair Work Commission began by examining the "better off overall test" and considered whether the agreement provided employees with improved conditions compared to what they would have under the relevant award. The Commission found that the agreement did indeed provide employees with better conditions in terms of wages, leave entitlements, and other benefits. It then turned to the contentions raised by the SDA regarding the contravention of the general protections provisions. The Commission reviewed the relevant sections of the Act and the provisions of the agreement, concluding that there were no provisions that contravened the general protections. The Commission found that the agreement was fair and appropriate for approval.

In light of the findings, the Fair Work Commission approved the Thomas & Coffey Limited (Wollongong) Air Conditioning Services Enterprise Agreement (2014). The Commission's decision was based on the determination that the agreement provided employees with better conditions than what they would receive under the relevant award and did not contravene the general protections provisions of the Fair Work Act 2009.

Thomas & Coffey Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established