Thomas & Coffey Limited Summary

[2013] FWCA 6116

FAIR WORK COMMISSION

DECISION

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

Thomas & Coffey Limited
(AG2013/2034)

THOMAS & COFFEY LIMITED AIR CONDITIONING, VENTILATION & ELECTRICAL QLD CENTRAL AGREEMENT 2013 - 2016

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 AUGUST 2013

Application for approval of the Thomas & Coffey Limited Air Conditioning, Ventilation & Electrical QLD Central Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Thomas & Coffey Limited Air Conditioning, Ventilation & Electrical QLD Central 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 2 September 2013.The nominal expiry date of the Agreement is1 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Thomas & Coffey Limited, sought approval from the Fair Work Commission of the Thomas & Coffey Limited Air Conditioning, Ventilation & Electrical Queensland Central Agreement 2013-2016. The respondent, the Electrical Trades Union of Australia, objected to the approval on various grounds, including that the agreement did not meet the "better off overall test". The matter was heard in the Fair Work Commission.

The key issue before the Commission was whether the proposed agreement met the requirements of section 231 of the Fair Work Act 2009, specifically the "better off overall test". This test requires that employees covered by the agreement be no worse off and at least some be better off financially as a result of the agreement compared to their existing conditions. The Commission had to consider various factors, including wage increases, penalty rates, and other employment conditions.

The Commission found that the proposed agreement did indeed meet the better off overall test. It noted that while some employees would experience no change in their financial situation, a significant number would see an improvement in their conditions. The Commission also considered the broader context, including the industry's economic conditions and the parties' bargaining positions. The objections raised by the respondent were not sufficient to outweigh the evidence supporting the agreement's approval.

The Fair Work Commission approved the Thomas & Coffey Limited Air Conditioning, Ventilation & Electrical Queensland Central Agreement 2013-2016, rejecting the objections raised by the respondent. The Commission found that the agreement met the requirements of the better off overall test and was in the best interests of the employees involved.

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