DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teys Australia Murgon Pty Ltd
(AG2015/716)

TEYS AUSTRALIA MURGON PTY LTD ENTERPRISE AGREEMENT 2015

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 22 APRIL 2015

Application for approval of the Teys Australia Murgon Pty Ltd Enterprise Agreement 2015.

[1] Teys Australia Murgon Pty Ltd applies for approval of an enterprise agreement known as the Teys Australia Murgon Pty Ltd Enterprise Agreement 2015 (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] On 20 April 2015 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 29 April 2015. The nominal expiry date of the Agreement is 29 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teys Australia Murgon Pty Ltd, an agricultural business, sought approval for its Enterprise Agreement 2015, which aimed to govern the terms and conditions of employment for its employees. The application was made before the Fair Work Commission, where the nature of the dispute centred around the compliance of the agreement with relevant federal labour laws and its fairness to the employees. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria for approval, including provisions related to minimum wages, conditions, and the overall fairness of the agreement.

The primary legal issues addressed by the Fair Work Commission involved verifying the agreement's compliance with the Fair Work Act 2009, specifically sections concerning the process for making an enterprise agreement and the substantive provisions that must be included. The court examined whether the agreement provided for minimum rates of pay and conditions of employment, as well as whether it contained any unfair terms that would render it invalid. Additionally, the Commission considered the fairness of the agreement, including whether it had been negotiated in good faith and whether it provided a safety net of minimum entitlements.

In its decision, the Fair Work Commission found that the Teys Australia Murgon Pty Ltd Enterprise Agreement 2015 was compliant with the statutory requirements. The agreement provided for minimum wages and conditions, and the Commission determined that it did not contain any unfair terms. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided a fair safety net for employees. Consequently, the Commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act 2009.

The Fair Work Commission's decision was based on a thorough examination of the agreement and the evidence presented by the parties. The Commission's approval of the Teys Australia Murgon Pty Ltd Enterprise Agreement 2015 provided clarity and certainty for both the employer and employees regarding the terms and conditions of employment. The outcome ensured that the agreement was legally compliant and fair, thereby upholding the principles of the industrial relations system.

Teys Australia Murgon Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established