| [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
- AGLC
- Teys Australia Central Queensland Pty Ltd [2022] FWCA 1787
- Case
- [2022] FWCA 1787
- Decision Date
CaseChat Overview and Summary
The primary legal issues for the court to decide were whether the proposed agreement had been made in accordance with the provisions of the Fair Work Act 2009, and whether it contained the necessary "no disadvantage" and "better off overall" tests. The union contended that the agreement did not appropriately address the concerns of certain employees and failed to meet the statutory requirements. Teys Australia argued that the agreement was fair and reasonable, and that it provided for the best possible outcomes for the employees involved.
After examining the evidence and arguments presented by both parties, the Fair Work Commission found that the proposed agreement did indeed meet the legal requirements. The Commission was satisfied that the agreement had been made in good faith, and that it provided for a fair and reasonable outcome for all employees. The Commission noted that the agreement contained appropriate provisions for the "no disadvantage" and "better off overall" tests, and that it provided for a transparent and equitable process for resolving disputes. The Commission approved the proposed agreement, and it came into effect on the specified date.
No further orders were made by the court.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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