Thomas & Coffey Limited Summary

[2013] FWCA 6596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thomas & Coffey Limited
(AG2013/2209)

THOMAS & COFFEY LIMITED BLACKWATER SITE SERVICES COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 SEPTEMBER 2013

Application for approval of the Thomas & Coffey Limited Blackwater Site Services Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Thomas & Coffey Limited Blackwater Site Services Collective 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 bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 23 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thomas & Coffey Limited sought approval of the Blackwater Site Services Collective Agreement 2013. The application was brought before the Fair Work Commission. The dispute involved the terms of the proposed collective agreement and whether it met the requirements for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the provisions for minimum entitlements. The Commission considered submissions from Thomas & Coffey Limited, the Australian Manufacturing Workers' Union, and other interested parties. It examined whether the agreement adequately addressed the minimum entitlements, such as the national minimum wage and penalty rates, and whether it provided for a fair and reasonable balance of rights and obligations.

The Commission found that the agreement did not adequately address some of the minimum entitlements required by the Fair Work Act. It was noted that the proposed penalty rates were below the minimum required under the Act. Additionally, the Commission identified issues with the balance of rights and obligations, particularly regarding procedural fairness. The Commission concluded that the agreement did not meet the statutory requirements for approval. As a result, the application for approval of the Blackwater Site Services Collective Agreement 2013 was dismissed. The Commission emphasised the importance of ensuring that all agreements comply with the minimum standards set by the Fair Work Act.

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