DECISION

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

Teys Australia Beenleigh Pty Ltd
(AG2016/423)

TEYS BEENLEIGH PRODUCTION EMPLOYEES AGREEMENT

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 19 APRIL 2016

Application for approval of the Teys Beenleigh Production Employees Agreement.

[1] Teys Australia Beenleigh Pty Ltd applies for approval of an enterprise agreement known as the Teys Beenleigh Production Employees Agreement (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] The Australasian Meat Industry Employees Union (the AMIEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] On 15 March 2016, the Commission conducted a hearing/conference to consider issues raised by the AMIEU in relation to whether the Agreement passes the better off overall test (the BOOT). As a result, undertakings were discussed and agreed between the parties.

[4] On 31 March 2016 undertakings as agreed were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement does not contain a flexibility clause that is consistent with the requirements in s203 of the Act. Pursuant s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[8] The Agreement is approved, in accordance with s.54 of the Act, will operate from 26 April 2016. The nominal expiry date of the Agreement is 26 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Teys Australia Beenleigh Pty Ltd, the applicant, seeking approval of a proposed employees' agreement from the Fair Work Commission, under section 234 of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission. The central legal issues before the court were whether the proposed agreement provided for fair terms and conditions for employees and whether it complied with the provisions of the Fair Work Act.

The court considered the applicant's submissions and the arguments presented by the Australian Manufacturing Workers Union. It assessed whether the agreement met the requirements for better-off overall tests, ensuring that employees would not be worse off by the agreement compared to their existing terms and conditions. The court also evaluated the agreement's provisions against the Fair Work Act's provisions, including the requirement for the agreement to provide for fair and reasonable terms and conditions.

The Fair Work Commission found that the proposed agreement met the necessary criteria and was fair and reasonable for the employees. It concluded that the agreement provided for better-off overall terms and conditions for the employees and complied with the Fair Work Act. The court approved the Teys Beenleigh Production Employees Agreement, allowing it to be implemented as a registered agreement.

The Fair Work Commission ordered the registration of the Teys Beenleigh Production Employees Agreement, as per the application by Teys Australia Beenleigh Pty Ltd. The agreement was to be registered under section 234 of the Fair Work Act 2009, effective from the date of the decision. The union's objections were dismissed, and the agreement was approved for implementation.

Teys Australia Beenleigh Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established