Teys Australia Southern Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teys Australia Southern Pty Ltd applied to the Fair Work Commission for a variation of the Teys Australia Southern Pty Ltd Tamworth Production Departments Enterprise Agreement 2012. The applicant sought changes to the hours of work and shift arrangements for employees within the production departments. The relevant unions contested the application, arguing that the proposed changes would adversely affect employee work-life balance and overall wellbeing.

The central legal issues before the Commission were whether the proposed changes were justified and whether the application met the criteria for variation under the Fair Work Act 2009. The Commission considered whether the changes were necessary for the operational requirements of the applicant and whether they would result in a fairer and more efficient workplace. Additionally, the Commission assessed the impact of the changes on the employees' work-life balance and overall wellbeing.

The Fair Work Commission determined that the proposed changes to the hours of work and shift arrangements were necessary for the operational requirements of Teys Australia Southern Pty Ltd. The Commission found that the changes would lead to a more efficient and productive workplace, and that the applicant had demonstrated that the changes were in the best interests of the business. The Commission also acknowledged the unions' concerns about the impact on employee work-life balance but concluded that the benefits of the changes outweighed the potential negative effects. Therefore, the application for variation was approved.

The Fair Work Commission varied the Teys Australia Southern Pty Ltd Tamworth Production Departments Enterprise Agreement 2012 to reflect the changes in hours of work and shift arrangements for employees within the production departments. The variation came into effect on the date of the decision and was to be incorporated into the enterprise agreement.

Teys Australia Southern Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established