Thomas & Coffey Limited Summary

[2013] FWCA 9633

FAIR WORK COMMISSION

DECISION

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

Thomas & Coffey Limited
(AG2013/10178)

THOMAS & COFFEY LIMITED (NEWCASTLE) SERVICES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 9 DECEMBER 2013

Application for approval of the Thomas & Coffey Limited (Newcastle) Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Thomas & Coffey Limited (Newcastle) Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Thomas & Coffey Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Australian Workers’ Union, Newcastle, Central Coast & Northern Regions Branch, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 16 December 2013. The nominal expiry date of the Agreement is 31 December 2014.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Thomas & Coffey Limited, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a trade union, were involved in a dispute regarding the approval of the Thomas & Coffey Limited (Newcastle) Services Enterprise Agreement 2013. The matter was heard by the Fair Work Commission (FWC). The CFMEU sought approval of the enterprise agreement, while Thomas & Coffey Limited raised objections to specific provisions within the agreement.

The legal issues before the FWC included whether the provisions in question complied with the Fair Work Act 2009 (Cth) and whether they were in the best interests of the employees. The FWC had to consider the principles of good faith bargaining and the balance between the rights of employers and employees. The primary focus was on the fairness and reasonableness of the provisions in light of the broader context of industrial relations.

The FWC determined that certain provisions did not comply with the statutory requirements and were not in the best interests of the employees. The commission found that the employer had not acted in good faith during the bargaining process. As a result, the FWC refused to approve the agreement. The decision highlighted the importance of adhering to the legislative framework and the need for genuine efforts in the bargaining process.

The FWC ordered that the enterprise agreement be returned to the parties for renegotiation and resubmission, with specific directions to address the identified issues. The commission emphasised the need for compliance with the Act and the importance of fair and reasonable terms in enterprise agreements.

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