DECISION

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

Teys Australia Central Queensland Pty Ltd
(AG2016/3953)

TEYS AUSTRALIA CENTRAL QUEENSLAND (ROCKHAMPTON) PRODUCTION EMPLOYEES AGREEMENT

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 30 SEPTEMBER 2016

Application for approval of the Teys Australia Central Queensland (Rockhampton) Production Employees Agreement.

[1] Teys Australia Central Queensland Pty Ltd applies 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). The agreement is a single-enterprise agreement.

[2] The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] On 28 September 2016 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] 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.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 7 October 2016. The nominal expiry date of the Agreement is 7 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teys Australia Central Queensland Pty Ltd recently sought approval of an enterprise agreement from the Fair Work Commission. The agreement, which relates to the production employees of the respondent's business, was the subject of an application before the Commission. The application was made by Teys Australia, and the employees involved are those working in the production sector of the company's Rockhampton operations.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for a fair and efficient workplace, as well as ensuring that the agreement was free from any improper influences or coercion. Furthermore, the Commission needed to determine if the agreement was made in good faith and if it provided for the proper negotiation process.

In reaching its decision, the Commission considered the evidence provided by both parties and examined the terms of the proposed agreement. The Commission found that the agreement was fair and efficient, and that it had been made in good faith. The Commission was satisfied that the negotiation process was appropriate and that there was no improper influence or coercion. As a result, the Commission approved the Teys Australia Central Queensland (Rockhampton) Production Employees Agreement.

The Fair Work Commission approved the application for the enterprise agreement, finding that it met the necessary criteria for approval under the Fair Work Act 2009. The Commission's decision is a positive outcome for both the employer and the employees involved, providing a framework for a fair and efficient workplace.

Teys Australia Central Queensland Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established