Teys Australia Biloela Pty Ltd Summary

[2014] FWCA 2578

FAIR WORK COMMISSION

DECISION

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

Teys Australia Biloela Pty Ltd
(AG2014/3997)

TEYS AUSTRALIA BILOELA PTY LTD REPAIR AND MAINTENANCE DEPARTMENT ENTERPRISE AGREEMENT 2014

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 16 APRIL 2014

Application for approval of the Teys Australia Biloela Pty Ltd Repair and Maintenance Department Enterprise Agreement 2014.

[1] Teys Australia Biloela Pty Ltd applies for approval of an enterprise agreement known as the Teys Australia Biloela Pty Ltd Repair and Maintenance Department Enterprise Agreement 2014 (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] 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.

[3] On 15 April 2014 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 April 2014. The nominal expiry date of the Agreement is 16 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Teys Australia Biloela Pty Ltd, the Fair Work Commission was tasked with approving the Teys Australia Biloela Pty Ltd Repair and Maintenance Department Enterprise Agreement 2014. The application for approval was brought by the employer, Teys Australia Biloela Pty Ltd, as mandated by the Fair Work Act 2009. The dispute centred around the fairness and compliance of the proposed enterprise agreement with the legislative framework governing such agreements.

The primary legal issue for the Commission to decide was whether the enterprise agreement met the criteria for approval as stipulated in section 234 of the Fair Work Act. This required the Commission to assess whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions. Further, the Commission had to determine if the agreement was consistent with the provisions of the Act and if it provided for the resolution of any disputes that might arise under the agreement.

The Fair Work Commission meticulously reviewed the enterprise agreement, considering the submissions from both the employer and the employees' representative. The Commission found that the agreement was made in good faith, contained all the required minimum terms, and was consistent with the Fair Work Act. The Commission also noted that the agreement provided adequate mechanisms for the resolution of disputes. As a result, the Commission approved the Teys Australia Biloela Pty Ltd Repair and Maintenance Department Enterprise Agreement 2014, confirming its compliance with the legislative requirements.

No further orders were made by the Commission beyond the approval of the enterprise agreement. This decision underscores the importance of ensuring that enterprise agreements not only meet the statutory minimum standards but also provide effective means for resolving workplace disputes.

Teys Australia Biloela Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established