Teys Australia Condamine Pty Ltd Summary

[2014] FWCA 7852

FAIR WORK COMMISSION

DECISION

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

Teys Australia Condamine Pty Ltd
(AG2014/7784)

TEYS AUSTRALIA CONDAMINE PTY LTD FEEDLOT ENTERPRISE AGREEMENT 2014

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 NOVEMBER 2014

Application for approval of the Teys Australia Condamine Pty Ltd Feedlot Enterprise Agreement 2014.

[1] Teys Australia Condamine Pty Ltd applies for approval of an enterprise agreement known as the Teys Australia Condamine Pty Ltd Feedlot Enterprise Agreement 2014 (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] 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] 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] The Agreement is approved and, in accordance with s.54, will operate from 12 November 2014. The nominal expiry date of the Agreement is 5 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Teys Australia Condamine Pty Ltd sought approval for the Teys Australia Condamine Pty Ltd Feedlot Enterprise Agreement 2014. The applicants, represented by Counsel, sought the approval of the agreement, which had been negotiated with the Rural Workers Union and the Meat and Food Trades Union. The dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning its compliance with the good faith bargaining provisions and the procedural fairness in its negotiation.

The legal issues before the Commission involved assessing whether the agreement was made in good faith, as mandated by section 179 of the Fair Work Act. This required the Commission to consider the conduct of the parties during the negotiation process and whether the agreement reflected a genuine effort to reach a fair and reasonable outcome. Additionally, the Commission needed to determine if the agreement adhered to procedural fairness, ensuring that all parties had an adequate opportunity to participate in the bargaining process.

The Commission found that the agreement was made in good faith and complied with the procedural fairness requirements. It noted that the applicants had engaged in extensive negotiations and made reasonable efforts to reach a consensus. The Commission was satisfied that the agreement reflected a fair and reasonable outcome, considering the economic and operational context of the feedlot industry. Therefore, the Commission approved the agreement, confirming its compliance with the statutory requirements.

The final orders of the Commission were that the Teys Australia Condamine Pty Ltd Feedlot Enterprise Agreement 2014 be approved as a registered agreement. This decision provided clarity for the parties involved and set a precedent for future enterprise agreements within the feedlot industry.

Teys Australia Condamine Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established