Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees' Union

Teys Australia Beenleigh Pty Ltd sought judicial review of a decision of the Full Bench of the Fair Work Commission (FWC). Teys had applied to the FWC for approval of an enterprise agreement (the 2013 Agreement) which had been approved by the Deputy President of the FWC. However, the Australasian Meat Industry Employees' Union (AMIEU) had appealed the Deputy President's decision to the Full Bench, and the Full Bench set aside the Deputy President's decision. The AMIEU argued that the Full Bench's decision was correct and that the Deputy President had erred in approving the 2013 Agreement. Teys, on the other hand, contended that the Full Bench had fallen into jurisdictional error in concluding that the Deputy President had erred or in finding that the 2013 Agreement should not be approved. The court was required to determine whether the Full Bench had erred in concluding that the Deputy President had failed to correctly apply the terms of the coverage clause in the 2013 Agreement or in failing to appreciate the force of some of the evidence concerning the 21 employees. The court found that the Full Bench had not fallen into jurisdictional error. The Full Bench had correctly identified the criteria for determining the coverage of the 2013 Agreement and had correctly concluded that the Deputy President had not applied those criteria. The Full Bench had also correctly considered the evidence before the Deputy President and had concluded that it did not support the Deputy President's finding that the 21 employees in question were covered by the 2013 Agreement. The court dismissed Teys' application for judicial review and made no order as to costs.