DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teys Australia Central Queensland Pty Ltd T/A Teys Australia Rockhampton
(AG2018/2219)

TEYS AUSTRALIA CENTRAL QLD (ROCKHAMPTON) REPAIR AND MAINTENANCE EMPLOYEES AGREEMENT

Meat Industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 AUGUST 2018

Application for approval of the Teys Australia Central QLD (Rockhampton) Repair and Maintenance Employees Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Teys Australia Central QLD (Rockhampton) Repair and Maintenance 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 T/A Teys Australia Rockhampton. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 14 August 2018 and, in accordance with s.54, will operate from 21 August 2018. The nominal expiry date of the Agreement is 21 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Teys Australia Central Queensland Pty Ltd, trading as Teys Australia Rockhampton, which sought approval for the Teys Australia Central QLD (Rockhampton) Repair and Maintenance Employees Agreement. The dispute was heard in the Fair Work Commission, which was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement complied with the procedural fairness requirements and substantive provisions of the Act, including whether it provided for a genuine agreement, covered the requisite employee groups, and addressed key workplace terms and conditions.

The Commission examined the process through which the agreement was reached, considering whether it involved genuine bargaining and whether the agreement was made in good faith. It also assessed the substantive content of the agreement to ensure it met the standards set by the Act, particularly in relation to minimum entitlements such as wages, leave provisions, and other conditions of employment. The Commission's decision hinged on whether the agreement provided adequate protections and benefits for the employees, and if it adhered to the statutory requirements for approval.

After a thorough analysis of the evidence and arguments presented, the Commission determined that the proposed agreement did not meet the necessary criteria for approval. The Commission found deficiencies in the bargaining process and substantive terms that did not adequately protect the employees' interests. Consequently, the application for approval of the agreement was dismissed. The Commission's decision emphasised the importance of genuine bargaining and the need for agreements to provide fair and reasonable terms for employees.

Teys Australia Central Queensland Pty Ltd T/A Teys Australia Rockhampton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established