Teys Australia Central Qld Pty Ltd

[2013] FWCA 6664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teys Australia Central Qld Pty Ltd
(AG2013/8065)

TEYS AUST CENTRAL QLD PTY LTD REPAIR AND MAINTENANCE DEPARTMENT ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the Teys Aust Central Qld 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 Aust Central Qld 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 Central Qld 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] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 September 2013. The nominal expiry date of the Agreement is 13 September 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teys Australia Central Qld Pty Ltd is the applicant in this case before the Fair Work Commission, seeking approval of the Teys Aust Central Qld Pty Ltd Repair and Maintenance Department Enterprise Agreement 2013. The dispute centres around the terms and conditions of employment for employees within the repair and maintenance department of Teys Australia, with the application aiming to formalise the agreement reached between the employer and the employees' representatives. The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant statutory provisions under the Fair Work Act 2009, specifically in terms of procedural fairness, the protection of employees' rights, and the avoidance of any unfair provisions.

The Commission examined the procedural fairness of the bargaining process, ensuring that the agreement was genuinely negotiated and not imposed. The analysis also involved assessing whether the agreement met the minimum entitlements required by the Fair Work Act, such as the provision of minimum wages, leave entitlements, and reasonable working hours. Additionally, the Commission had to determine whether any provisions in the agreement unfairly disadvantaged employees or were otherwise contrary to public policy. The Commission carefully reviewed the submissions and evidence from both parties, considering the balance of interests and the compliance of the agreement with the statutory framework.

In its decision, the Fair Work Commission found that the proposed agreement met all the necessary criteria for approval. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for minimum entitlements as required by law. The Commission also concluded that the agreement did not contain any unfair provisions that would disadvantage employees or conflict with public policy. Consequently, the Commission approved the Teys Aust Central Qld Pty Ltd Repair and Maintenance Department Enterprise Agreement 2013, allowing it to come into effect as a legally binding agreement between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established