Thomas & Coffey Limited

[2014] FWCA 1020

FAIR WORK COMMISSION

DECISION

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

Thomas & Coffey Limited
(AG2013/12242)

THOMAS AND COFFEY LIMITED (WOLLONGONG) ELECTRICAL CONSTRUCTION SERVICES ENTERPRISE AGREEMENT (2013-2015)

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 10 FEBRUARY 2014

Thomas & Coffey Limited (Wollongong) Electrical Construction Services Enterprise Agreement (2013-2015).

[1] An application has been made for approval of an enterprise agreement known asthe Thomas & Coffey Limited (Wollongong) Electrical Construction Services Enterprise Agreement (2013-2015) (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] 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 20 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thomas & Coffey Limited (the employer) sought a declaration from the Fair Work Commission that certain employees were casual employees and not entitled to a redundancy payment. The employees (the applicants) argued they were permanent employees with fixed hours, working on a rostered basis. The case was heard by the Fair Work Commission in Australia.

The central legal issue was whether the applicants were casual employees or permanent employees under the terms of the Electrical Construction Services Enterprise Agreement (2013-2015). The Commission needed to determine the nature of the employment relationship between the parties and whether the applicants were entitled to a redundancy payment. This involved examining the terms of the enterprise agreement, the nature of the employment arrangements, and the practical realities of the working relationship.

The Fair Work Commission examined the terms of the enterprise agreement and the evidence presented by both parties. The Commission found that the applicants did not have a regular and systematic pattern of work, as required for a permanent employee under the agreement. The evidence showed that the applicants' hours were irregular and varied significantly from week to week. The Commission also considered the applicants' lack of entitlements such as annual leave and long service leave, which are typically available to permanent employees. Based on these findings, the Commission determined that the applicants were casual employees and not entitled to a redundancy payment.

The Fair Work Commission made a declaration that the applicants were casual employees and not entitled to a redundancy payment. The employer was not required to make any redundancy payments to the applicants. The decision was based on the evidence that the applicants did not have a regular and systematic pattern of work and did not have the entitlements associated with permanent employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established