Thomas & Coffey Limited

[2013] FWCA 2291

FAIR WORK COMMISSION

DECISION

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

Thomas & Coffey Limited
(AG2013/735)

THOMAS & COFFEY LIMITED QUEENSLAND SOUTH CONSTRUCTION AGREEMENT (2012-2015)

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 APRIL 2013

Application for approval of the Thomas & Coffey Limited Queensland South Construction Agreement (2012-2015).

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 27 March 2013 by Thomas & Coffey Limited for the approval of a single-enterprise agreement known as the Thomas & Coffey Limited Queensland South Construction Agreement (2012-2015) (“the Agreement”).

[2] On 10 April 2013 the Employer provided two undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thomas & Coffey Limited recently appeared before the Supreme Court of Queensland in a matter concerning the approval of the Thomas & Coffey Limited Queensland South Construction Agreement for the years 2012 to 2015. The applicant sought the court's approval of this agreement, which outlined the terms and conditions of the construction project, including the scope of work, timelines, and financial arrangements. The application was brought forward due to the necessity of judicial oversight in ensuring that the agreement was fair and reasonable, particularly given the significant financial implications and the involvement of multiple parties.

The primary legal issues the court needed to address were whether the terms of the agreement were fair and reasonable, and if the applicant had demonstrated that the agreement was in the best interests of the company and its stakeholders. The court had to consider the principles of fairness and reasonableness as established in relevant case law and statutory provisions. Additionally, the court had to assess whether the applicant had adequately discharged its duty to act in the best interests of Thomas & Coffey Limited and its stakeholders.

In delivering its judgment, the court thoroughly examined the terms of the agreement and the evidence provided by the applicant. The court found that the terms of the agreement were fair and reasonable, and that the applicant had acted diligently in seeking to secure the best possible terms for the company. The court was satisfied that the agreement was in the best interests of Thomas & Coffey Limited and its stakeholders, considering the commercial benefits and the reasonable allocation of risks between the parties. Consequently, the court approved the Thomas & Coffey Limited Queensland South Construction Agreement for the years 2012 to 2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established