Thomas & Coffey Limited

[2013] FWCA 7654

FAIR WORK COMMISSION

DECISION

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

Thomas & Coffey Limited
(AG2013/2687)

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

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 OCTOBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Thomas & Coffey Acacia Ridge Workshop Services Collective Agreement (2013 - 2016) (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 9 October 2013. The nominal expiry date of the Agreement is 1 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Thomas & Coffey Limited applied for the approval of the Thomas & Coffey Acacia Ridge Workshop Services Collective Agreement (2013 - 2016). The application was made by the employer, Thomas & Coffey Limited, and opposed by the Transport Workers Union of Australia, which represents the employees. The dispute centred on the terms and conditions of employment for the employees working at the Acacia Ridge workshop. The key legal issues before the Commission involved whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the agreement's compliance with the procedural and substantive requirements for approval. Procedurally, the agreement was made following a proper consultation process and met the requirements for majority support from the employees. Substantively, the Commission considered whether the terms of the agreement provided for fair and reasonable terms and conditions of employment, including pay rates, hours of work, leave entitlements, and other conditions. After thorough analysis of the evidence and submissions, the Commission found that the proposed agreement met the necessary statutory requirements and provided for fair and reasonable terms and conditions of employment.

Consequently, the Commission approved the Thomas & Coffey Acacia Ridge Workshop Services Collective Agreement (2013 - 2016), effective from the date of the decision. The approval of the agreement ensures that the employees' terms and conditions of employment are legally recognised and enforceable. This decision reinforces the importance of adhering to the legislative framework when negotiating and finalising enterprise agreements, ensuring that both employers and employees' interests are adequately represented and protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established