DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teys Australia Naracoorte Pty Ltd T/A Teys Australia Naracoorte
(AG2017/681)

TEYS AUSTRALIA NARACOORTE MAINTENANCE EMPLOYEES AGREEMENT

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 19 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Teys Australia Naracoorte Maintenance 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.

[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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 is approved and in accordance with s.54 of the Act, will operate from 26 April 2017. The nominal expiry date of the Agreement is 25 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Teys Australia Naracoorte Pty Ltd, trading as Teys Australia Naracoorte, which applied for the approval of the Teys Australia Naracoorte Maintenance Employees Agreement. The dispute centred around the terms and conditions of employment for maintenance employees, with the Fair Work Commission tasked with assessing whether the agreement met the necessary criteria under the Fair Work Act.

The central legal issue the Commission had to address was whether the proposed agreement provided a safety net of minimum entitlements for the employees and whether it adhered to the procedural requirements outlined in the Act. Specifically, the Commission needed to ensure that the agreement had been made genuinely without coercion, that it included provisions for resolving disputes, and that it was in the best interest of the employees.

In reaching its decision, the Fair Work Commission examined the content of the agreement, considering whether it provided adequate minimum terms and conditions for the employees. The Commission also assessed whether the agreement had been made genuinely without coercion and whether it included provisions for resolving disputes. After careful consideration, the Commission determined that the agreement met the necessary criteria and was in the best interests of the employees. Consequently, the Commission approved the Teys Australia Naracoorte Maintenance Employees Agreement.

The Commission's final orders approved the Teys Australia Naracoorte Maintenance Employees Agreement, effective from the date of the decision. The approval ensures that the maintenance employees of Teys Australia Naracoorte are covered by the terms of the agreement, which includes provisions for their minimum entitlements and dispute resolution mechanisms.

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