Teys Australia Southern Pty Ltd

[2014] FWCA 745

[2014] FWCA 745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Teys Australia Southern Pty Ltd
(AG2014/3442)

TEYS AUSTRALIA SOUTHERN PTY LTD TAMWORTH PRODUCTION DEPARTMENTS ENTERPRISE AGREEMENT 2012

Meat Industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 27 FEBRUARY 2014

Application for variation of the Teys Australia Southern Pty Ltd Tamworth Production Departments Enterprise Agreement 2012.

[1] An application has been made by Teys Australia Southern Pty Ltd (the Applicant) to vary the Teys Australia Southern Pty Ltd Tamworth Production Departments Enterprise Agreement 2012 (the Agreement) pursuant to s.217 of the Fair Work Act 2009 (the Act).

[2] Clause 3.8 of the Agreement, which is titled ‘Wage Increases’ states:

“The wage rates and monetary allowances specified in sub-clause 3.1.1 reflect, on average, a 4.3% wage increase across all classifications and those rates will be the subject of a further general wage increase of 4% in the first pay period of January 2014 and by a further 4% in the first pay period in January 2014 - (see Appendix 2). ...”

[3] The Applicant seeks to vary clause 3.8 of the Agreement by deleting the second reference to “2014” and replacing it with “2015”. In its application, the Applicant states that this is the result of a typographical error.

[4] The Australasian Meat Industry Employees' Union, Newcastle and Northern Branch is covered by the Agreement. I note that it does not oppose the application.

[5] I am satisfied that the relevant legislative requirements have been met. The application is granted. A consolidated agreement containing the variation is published with this decision. The variation operates from 27 February 2014.

SENIOR DEPUTY PRESIDENT

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