DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teys Australia Naracoorte Pty Ltd T/A Teys Australia Naracoorte
(AG2017/774)

TEYS AUSTRALIA NARACOORTE PRODUCTION EMPLOYEES AGREEMENT

Meat Industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 JULY 2017

Application for approval of the Teys Australia Naracoorte Production Employees Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Teys Australia Naracoorte 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 Naracoorte Pty Ltd T/A Teys Australia Naracoorte. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 3 July 2017 and, in accordance with s.54, will operate from 10 July 2017. The nominal expiry date of the Agreement is 10 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Teys Australia Naracoorte Pty Ltd, trading as Teys Australia Naracoorte, applied to the Fair Work Commission for the approval of the Teys Australia Naracoorte Production Employees Agreement. The application was made under the Fair Work Act 2009, with the purpose of having the agreement recognised as a registered enterprise agreement. The application came before the Commission, which had to determine whether the agreement met the necessary legal criteria for approval and registration.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the requirements of the Fair Work Act, including whether it had been genuinely agreed upon by the relevant parties, and whether it contained the necessary minimum terms and conditions as specified by the Act. The Commission had to consider the process through which the agreement was negotiated, the nature of the consultation that took place, and whether the agreement contained all the mandatory terms and conditions that are required by law. Additionally, the Commission needed to assess whether the agreement was fair and reasonable in its terms and whether it provided an appropriate balance of interests for both the employer and the employees.

The Commission found that the agreement had been genuinely agreed upon and that it contained all the necessary minimum terms and conditions as required by the Fair Work Act. The Commission considered the evidence provided regarding the negotiation process and was satisfied that the agreement was the result of genuine bargaining between the parties. Furthermore, the Commission determined that the agreement was fair and reasonable in its terms, providing an appropriate balance of interests for both the employer and the employees. Consequently, the Commission approved the Teys Australia Naracoorte Production Employees Agreement and registered it as a registered enterprise agreement.

In conclusion, the Fair Work Commission approved the Teys Australia Naracoorte Production Employees Agreement and registered it as a registered enterprise agreement. This decision was based on the finding that the agreement was genuinely negotiated, contained all the required minimum terms and conditions, and was fair and reasonable in its terms.

Teys Australia Naracoorte Pty Ltd T/A Teys Australia Naracoorte

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established