DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teys Australia Distribution Pty Ltd T/A Teys Australia Distribution
(AG2017/4972)

TEYS AUSTRALIA DISTRIBUTION EMPLOYEES AGREEMENT

Meat Industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 MARCH 2018

Application for approval of the Teys Australia Distribution Employees Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Teys Australia Distribution 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 Distribution Pty Ltd T/A Teys Australia Distribution. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2018. The nominal expiry date of the Agreement is 22 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Teys Australia Distribution Pty Ltd, trading as Teys Australia Distribution, and its employees, represented by the Transport Workers Union of Australia. The dispute centred around the approval of the Teys Australia Distribution Employees Agreement, which aimed to govern the terms and conditions of employment for the employees. The matter was heard by the Fair Work Commission, an independent statutory body established under the Fair Work Act 2009 to resolve workplace disputes and facilitate the negotiation of enterprise agreements.

The legal issues the Commission had to decide centred on whether the proposed agreement met the requirements of the Fair Work Act, including the need for the agreement to be in writing, cover the relevant employees, and be free from any invalid provisions. The Commission also needed to consider whether the agreement had been made in accordance with the procedural requirements set out in the Act, including the need for genuine bargaining and the provision of relevant information to the parties.

The Commission found that the proposed agreement met the formal requirements of the Act and was free from invalid provisions. It determined that the agreement had been made in accordance with the procedural requirements, including genuine bargaining, and that the relevant information had been provided to the parties. The Commission also found that the agreement was in the best interests of the employees, taking into account the benefits and detriments of the proposed agreement. As a result, the Commission approved the Teys Australia Distribution Employees Agreement, which will now govern the terms and conditions of employment for the relevant employees.

The Commission's decision highlights the importance of ensuring that enterprise agreements meet the formal and procedural requirements set out in the Fair Work Act. Employers and employees must engage in genuine bargaining and provide relevant information to each other to ensure that the agreement is in the best interests of the employees. The decision also underscores the role of the Fair Work Commission in facilitating the negotiation of enterprise agreements and resolving workplace disputes.

Teys Australia Distribution Pty Ltd T/A Teys Australia Distribution

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established