Teys Australia Beenleigh Pty Ltd Summary

[2021] FWCA 7187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teys Australia Beenleigh Pty Ltd
(AG2021/8437)

TEYS BEENLEIGH PRODUCTION EMPLOYEES AGREEMENT

Meat Industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 DECEMBER 2021

Application for approval of the Teys Beenleigh Production Employees Agreement.

[1] Teys Australia Beenleigh Pty Ltd has applied for approval of a single enterprise agreement known as the Teys Beenleigh Production Employees Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the “better off overall” test. Further information was provided and written undertakings were given in accordance with s.190 of the Act (attached at Annexure A (Undertakings)). The bargaining representatives either supported or did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[3] Noting clause 2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 20 December 2021 and, in accordance with s.54, will operate from 27 December 2021. The nominal expiry date of the Agreement is 20 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Teys Australia Beenleigh Pty Ltd recently brought an application before the Fair Work Commission for approval of a new enterprise agreement, known as the Teys Beenleigh Production Employees Agreement. The application sought to replace the existing agreement and aimed to introduce various changes to the terms and conditions of employment for the workers at Teys’ Beenleigh production facility.

The legal issues central to this case revolved around whether the proposed agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it adhered to the procedural requirements for enterprise agreements. Additionally, the Commission examined whether the agreement appropriately balanced the interests of the employer and the employees, and whether it met the criteria for approval under the relevant provisions of the Act.

The Commission carefully reviewed the submissions from both parties, assessing the procedural fairness of the bargaining process, the substantive fairness of the proposed terms, and the overall compliance with the statutory requirements. In its decision, the Commission found that the agreement was made in good faith and met the necessary criteria for approval. The Commission acknowledged the efforts of both parties in reaching a negotiated agreement and concluded that the proposed changes were fair and reasonable. Consequently, the Commission approved the Teys Beenleigh Production Employees Agreement, allowing it to come into effect as per the terms outlined in the agreement.

Teys Australia Beenleigh Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established