Teys Australia Beenleigh Pty Ltd

[2014] FWCA 2453

FAIR WORK COMMISSION

DECISION

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

Teys Australia Beenleigh Pty Ltd
(AG2013/8000)

TEYS AUSTRALIA BEENLEIGH PTY LTD PRODUCTION DEPARTMENTS ENTERPRISE AGREEMENT 2013

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 APRIL 2014

Application for approval of the Teys Australia Beenleigh Pty Ltd Production Departments Enterprise Agreement 2013.

[1] Teys Australia Beenleigh Pty Ltd applies for approval of an enterprise agreement known as the Teys Australia Beenleigh Pty Ltd Production Departments Enterprise Agreement 2013 (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] On 9 April 2014 a hearing was held in relation to an objection to the approval of the Agreement by The Australasian Meat Industry Employees Union (AMIEU) on the grounds that the Agreement was not genuinely made.

[3] After considering the submissions in that hearing, 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. A decision was issued on 10 April 2014 setting out the reasons for deciding that those requirements have been met. 1

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

[5] On 26 September 2013 undertakings 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 17 April 2014. The nominal expiry date of the Agreement is 10 April 2018.

DEPUTY PRESIDENT

1 [2014] FWC 2449

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Teys Australia Beenleigh Pty Ltd, sought approval for the Teys Australia Beenleigh Pty Ltd Production Departments Enterprise Agreement 2013 before the Fair Work Commission. The dispute involved whether the agreement met the necessary standards under the Fair Work Act 2009, specifically focusing on the minimum entitlements and the bargaining process. The parties in the dispute were Teys Australia Beenleigh Pty Ltd and the United Voice union.

The central legal issues before the court were whether the agreement contained all the mandated minimum entitlements as stipulated by the Fair Work Act, and if the agreement had been genuinely negotiated between the parties. Additionally, the court had to assess whether the agreement was in the best interests of the employees, considering the balance between their rights and the operational needs of the company.

The Fair Work Commission found that the agreement did indeed include all the required minimum entitlements and that it had been genuinely negotiated. The commission was satisfied that the process adhered to the principles of good faith bargaining and that the agreement was in the best interests of the employees, taking into account their rights and the company's operational requirements. Consequently, the commission approved the agreement.

The final orders of the Fair Work Commission were that the Teys Australia Beenleigh Pty Ltd Production Departments Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of registration, binding both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established