Teys Australia Beenleigh Pty Ltd Summary

[2013] FWCA 9780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teys Australia Beenleigh Pty Ltd
(AG2013/11660)

TEYS AUSTRALIA BEENLEIGH PTY LTD REPAIR AND MAINTENANCE DEPARTMENT ENTERPRISE AGREMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 DECEMBER 2013

Application for approval of the Teys Australia Beenleigh Pty Ltd Repair and Maintenance Department Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Teys Australia Beenleigh Pty Ltd Repair and Maintenance Department Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Teys Australia Beenleigh Pty 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] On 6 December 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 December 2013. The nominal expiry date of the Agreement is 20 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Teys Australia Beenleigh Pty Ltd and the Fair Work Commission. The dispute centred around the approval of the Teys Australia Beenleigh Pty Ltd Repair and Maintenance Department Enterprise Agreement 2013. The Commission was required to determine if the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Act and whether it contained the necessary minimum entitlements for employees. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, maximum hours of work, and other employment conditions that were not less favourable than those provided by the relevant award or safety net.

The Commission found that the agreement had been made following proper procedures and contained the necessary minimum entitlements. It was noted that the agreement had been negotiated in good faith and covered a broad range of employees within the repair and maintenance department. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions and did not result in employees being worse off overall. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Teys Australia Beenleigh Pty Ltd Repair and Maintenance Department Enterprise Agreement 2013, finding that it met the legal criteria for approval under the Fair Work Act 2009. The agreement was deemed to have been made in accordance with the necessary procedural requirements and contained the required minimum entitlements for employees. The Commission's decision was based on the evidence presented and the conclusion that the agreement provided for fair and reasonable terms and conditions, with no adverse impact on employees' overall employment conditions.

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