Teys Australia Distribution Pty Ltd Summary

[2014] FWCA 5847

FAIR WORK COMMISSION

DECISION

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

Teys Australia Distribution Pty Ltd
(AG2014/1731)

TEYS AUSTRALIA DISTRIBUTION PTY LTD HEMMANT ENTERPRISE AGREEMENT 2014

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 25 AUGUST 2014

Application for approval of the Teys Australia Distribution Pty Ltd Hemmant Enterprise Agreement 2014.

[1] Teys Australia Distribution Pty Ltd applies for approval of an enterprise agreement known as the Teys Australia Distribution Pty Ltd Hemmant 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] On 21 August 2014 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 1 September 2014. The nominal expiry date of the Agreement is 25 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Teys Australia Distribution Pty Ltd applied for approval of the Teys Australia Distribution Pty Ltd Hemmant Enterprise Agreement 2014. The respondent, the Health Services Union of Australia, opposed the application. The dispute arose from a proposed enterprise agreement intended to regulate the terms and conditions of employment for workers at the applicant’s Hemmant facility. The disagreement centred on various aspects of the proposed agreement, including the classification and remuneration of employees, provisions regarding shift patterns, and the incorporation of specific terms from other agreements.

The Commission was tasked with determining whether the proposed agreement was fair and reasonable, in line with the requirements of the Fair Work Act 2009. Key issues included whether the agreement adequately provided for the classification and remuneration of employees, ensured fairness in terms of work hours and rostering, and appropriately addressed the incorporation of terms from other agreements. Additionally, the Commission needed to assess whether the agreement complied with the “better off overall test” and the “no disadvantage test.”

In its decision, the Commission found that while the proposed agreement contained several provisions that were fair and reasonable, certain aspects required modification to ensure compliance with the relevant statutory provisions. Specifically, the Commission noted concerns regarding the classification and remuneration of employees, the fairness of shift patterns, and the incorporation of terms from other agreements. The Commission directed amendments to these provisions to address the identified issues, ensuring that the agreement would meet the required standards of fairness and reasonableness. Following the amendments, the Commission approved the enterprise agreement, finding it met the necessary statutory criteria.

The Commission’s final order was that the Teys Australia Distribution Pty Ltd Hemmant Enterprise Agreement 2014, as amended, be approved and registered with the Fair Work Commission. The agreement was to be in effect from 1 July 2014, subject to the conditions and provisions set out in the approved agreement.

Teys Australia Distribution Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established