DECISION

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

Teys Australia Pty Ltd
(AG2016/1644)

TEYS AUSTRALIA BILOELA PRODUCTION EMPLOYEES AGREEMENT

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 8 SEPTEMBER 2016

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

[1] Teys Australia Pty Ltd applies for approval of an enterprise agreement known as the Teys Australia Biloela Production Employees Agreement (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] The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] On 1 September 2016 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] 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.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 15 September 2016. The nominal expiry date of the Agreement is 15 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teys Australia Pty Ltd, a company engaged in the production of macadamia nuts, applied for approval of a new enterprise agreement that would govern the terms of employment for its production employees. The Australian Industrial Relations Commission (AIRC) was tasked with considering the application. The primary dispute revolved around whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement provided for the fair remuneration of employees, covered all necessary aspects of the employment relationship, and was made in good faith. Additionally, the court had to assess if the agreement complied with the provisions of the Fair Work Act, particularly in relation to the process of its creation and the manner in which employees were consulted. The court also considered whether the agreement was consistent with the principles of the Fair Work Act, including fairness and efficiency in the workplace.

In reaching its decision, the AIRC examined the evidence provided by both parties and the submissions made during the hearing. The court noted that the agreement had been negotiated between the employer and the union representing the employees, which was a positive indicator of good faith. The AIRC found that the agreement contained provisions for wages, hours of work, leave, and other employment conditions that were fair and reasonable. The court was satisfied that the process of consultation and negotiation met the requirements of the Fair Work Act, and the agreement was consistent with the principles of fairness and efficiency. Based on these findings, the AIRC approved the Teys Australia Biloela Production Employees Agreement.

Teys Australia 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