Teys Australia Central Queensland Pty Ltd
[2022] FWCA 1787
•1 JUNE 2022
| [2022] FWCA 1787 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Teys Australia Central Queensland Pty Ltd
(AG2022/1439)
Teys Australia Central Queensland (Rockhampton) Production Employees Agreement
| Meat Industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 1 JUNE 2022 |
Application for approval of the Teys Australia Central Queensland (Rockhampton) Production Employees Agreement.
An application has been made for approval of an enterprise agreement known as the Teys Australia Central Queensland (Rockhampton) Production Employees Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Teys Australia Central Queensland Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Clauses 22 (Public Holidays) and 25 (Compassionate Leave) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover the organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2022. The nominal expiry date of the Agreement is 31 May 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE516129 PR742181>
Annexure A
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