Thomas & Coffey Limited

[2014] FWCA 489

FAIR WORK COMMISSION

DECISION

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

Thomas & Coffey Limited
(AG2013/12241)

THOMAS & COFFEY LIMITED (WOLLONGONG) BUILDING SERVICES ENTERPRISE AGREEMENT (2013-2015)

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 JANUARY 2014

Application for approval of the Thomas & Coffey Limited (Wollongong) Building Services Enterprise Agreement (2013-2015).

[1] An application has been made for approval of an enterprise agreement known as the Thomas & Coffey Limited (Wollongong) Building Services Enterprise Agreement (2013-2015) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 28 January 2014. The nominal expiry date of the Agreement is28 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thomas & Coffey Limited applied to the Fair Work Commission for approval of their proposed Building Services Enterprise Agreement, covering the period 2013 to 2015. The application was contested by various unions representing the employees, who argued that the proposed terms and conditions did not meet the standards set by the Fair Work Act 2009.

The legal issues that the Commission needed to address included whether the proposed agreement provided for fair and reasonable terms and conditions, and whether it complied with the minimum terms and conditions outlined in the Fair Work Act. The Commission also had to consider the submissions from both parties and assess whether the proposed agreement met the statutory requirements for approval.

In reaching its decision, the Commission examined the provisions of the proposed agreement and the submissions made by the parties. The Commission noted that the proposed agreement provided for a fair and reasonable level of remuneration, as well as appropriate leave entitlements and other benefits. The Commission also found that the proposed agreement complied with the minimum terms and conditions set out in the Fair Work Act. Based on this analysis, the Commission approved the proposed agreement.

The Fair Work Commission approved the Thomas & Coffey Limited (Wollongong) Building Services Enterprise Agreement (2013-2015). The decision was based on the conclusion that the proposed agreement provided for fair and reasonable terms and conditions, and complied with the statutory requirements set out in the Fair Work Act. The Commission's decision provides certainty for both the employer and employees, and ensures that the agreement is fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established