Thomas & Coffey Ltd

[2013] FWCA 8956

The attached document replaces the document previously issued with the above code on

14 November 2013.

It has been amended to include the Australian Workers’ Union as a bargaining representative to the Agreement.

Associate to Senior Deputy President Drake

Dated: 14 November 2013

[2013] FWCA 8956

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thomas & Coffey Ltd
(AG2013/9883)

THOMAS & COFFEY LIMITED (WOLLONGONG) MECHANICAL ENTERPRISE AGREEMENT (2013-2015)

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 NOVEMBER 2013

Application for approval of the Thomas & Coffey Limited (Wollongong) Mechanical Enterprise Agreement (2013-2015).

[1] An application has been made for approval of an enterprise agreement known as the Thomas & Coffey Limited (Wollongong) Mechanical Enterprise Agreement (2013-2015) (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Thomas & Coffey Ltd. 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 and the Australian Workers’ Union being bargaining representatives for the Agreement, have 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 those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 November 2013. The nominal expiry date of the Agreement is 30 September 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thomas & Coffey Limited applied to the Fair Work Commission for the approval of the Thomas & Coffey Limited (Wollongong) Mechanical Enterprise Agreement (2013-2015). The application was opposed by the Australian Manufacturing Workers’ Union and several individual employees. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards of procedural and substantive fairness.

The legal issues before the Commission included whether the agreement was made in good faith, whether it was negotiated fairly, and whether it complied with the requirements of the Fair Work Act. The Commission also needed to determine whether the agreement provided for proper pay and conditions for the employees, and if it was in line with the national employment standards. The Commission further considered whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and whether it adhered to the Australian Building and Construction Commission Act 2005.

The Fair Work Commission found that the agreement was made in good faith and was negotiated fairly. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and provided for proper pay and conditions for the employees. The Commission also concluded that the agreement was consistent with the national employment standards and did not contravene any other relevant legislation. Consequently, the application for approval of the enterprise agreement was successful. The Fair Work Commission approved the Thomas & Coffey Limited (Wollongong) Mechanical Enterprise Agreement (2013-2015) and ordered its registration.

The Commission's decision was based on a comprehensive analysis of the evidence presented by both parties. The Commission took into account the bargaining process, the terms and conditions of the agreement, and the interests of the employees. The Commission also considered the broader economic and social context in which the agreement was made. The approval of the enterprise agreement will provide certainty and stability for the employees and employers involved, and will contribute to the development of a fair and efficient workplace relations system in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established