Teys Australia Beenleigh Pty Ltd T/A Teys Australia Beenleigh Summary

[2022] FWCA 2448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Teys Australia Beenleigh Pty Ltd T/A Teys Australia Beenleigh

(AG2022/2322)

Teys Australia (Beenleigh) Maintenance Employees Agreement 2022

Meat Industry
COMMISSIONER SPENCER	BRISBANE, 21 JULY 2022

Application for approval of the Teys Australia (Beenleigh) Maintenance Employees Agreement 2022

An application has been made for approval of an enterprise agreement known as the Teys Australia (Beenleigh) Maintenance Employees Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Teys Australia Beenleigh Pty Ltd T/A Teys Australia Beenleigh (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2022. The nominal expiry date of the Agreement is 28 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teys Australia Beenleigh Pty Ltd, trading as Teys Australia Beenleigh, applied to the Fair Work Commission for approval of the Teys Australia (Beenleigh) Maintenance Employees Agreement 2022. The application was made under section 236 of the Fair Work Act 2009. The parties involved in the dispute were Teys Australia Beenleigh, the employer, and the Queensland Teachers' Union, the union representing the employees.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the minimum entitlements of employees, including minimum wages and conditions, and if it complied with the good faith bargaining provisions of the Act. Additionally, the Commission had to assess if the agreement was made in good faith and whether it was appropriate to make an order approving the agreement.

The Fair Work Commission found that the Teys Australia (Beenleigh) Maintenance Employees Agreement 2022 met the necessary criteria for approval. The agreement provided for minimum entitlements in line with the Fair Work Act, and the Commission was satisfied that the agreement was the product of genuine and good faith bargaining between the employer and the union. The Commission also noted that the agreement included provisions for the protection of employees' rights and interests, which were consistent with the overarching objectives of the Act. As a result, the Commission approved the agreement and made the necessary orders under section 236 of the Fair Work Act.

The Commission's final order was that the Teys Australia (Beenleigh) Maintenance Employees Agreement 2022 be approved as a registered agreement under the Fair Work Act. This approval means that the agreement is legally binding on the parties and provides a framework for the employment relationship between Teys Australia Beenleigh and its maintenance employees.

Teys Australia Beenleigh Pty Ltd T/A Teys Australia Beenleigh

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established