Teys Australia Beenleigh Pty Ltd

[2013] FWCA 7477[Note: An appeal pursuant to s.604 (C2013/6376) was lodged against this decision - refer to Full Bench decision dated 4 March 2014 [[2014] FWCFB 1313] for result of appeal.]

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, 27 SEPTEMBER 2013

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 is made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] On 25 September 2013 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 evidence and 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. I will issue separate reasons for deciding that those requirements have been met.

[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. I also note that the AMIEU confirms its agreement with the undertakings.

[6] The Agreement is approved and, in accordance with s.54, will operate from 4 October 2013. The nominal expiry date of the Agreement is 27 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teys Australia Beenleigh Pty Ltd applied to the Fair Work Commission for approval of the Teys Australia Beenleigh Pty Ltd Production Departments Enterprise Agreement 2013. The applicant is an employer in the meat processing industry and the respondent, Meat & Food Trades Union, is a union representing the workers. The agreement aimed to regulate various employment terms, including wages, hours of work, and other conditions of employment. The union did not object to the approval of the agreement but sought clarifications and amendments to certain provisions to better protect the employees' interests.

The primary legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009. This included assessing whether the agreement met the "better off overall test" and whether it contained permissible terms and conditions. The union did not contest the overall fairness of the agreement but raised concerns about specific clauses, particularly those concerning shift patterns and penalty rates. The Commission had to determine whether these clauses adequately protected the employees' rights and interests.

The Commission carefully reviewed the agreement and the submissions from both parties. It found that while the agreement generally met the requirements of the Fair Work Act, certain provisions needed amendment to ensure they did not disadvantage the employees. The Commission made several adjustments to the clauses in question to address the union's concerns, ensuring that the employees would be better off overall. The amended agreement was then approved by the Commission, balancing the interests of both the employer and the employees.

The final orders included the approval of the amended Teys Australia Beenleigh Pty Ltd Production Departments Enterprise Agreement 2013, with specific changes to the clauses regarding shift patterns and penalty rates. These changes were designed to provide greater protection to the employees while maintaining a fair and reasonable agreement for both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established