Teys Australia Southern Pty Ltd T/A Teys Australia

[2013] FWCA 789

FAIR WORK COMMISSION

DECISION

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

Teys Australia Southern Pty Ltd T/A Teys Australia
(AG2013/4313)

TEYS AUSTRALIA SOUTHERN PTY LTD TAMWORTH PRODUCTION DEPARTMENTS ENTERPRISE AGREEMENT 2012

Meat Industry
COMMISSIONER RIORDAN	SYDNEY, 5 FEBRUARY 2013

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

[1] An application has been made for approval of an enterprise agreement known asthe Teys Australia Southern Pty Ltd Tamworth Production Departments Enterprise Agreement 2012 (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 Southern Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australasian Meat Industry Employees Union Newcastle & Northern Branch (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is three years after the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teys Australia Southern Pty Ltd, trading as Teys Australia, applied to the Fair Work Commission for approval of the Teys Australia Southern Pty Ltd Tamworth Production Departments Enterprise Agreement 2012. The dispute arose due to the proposed agreement's provisions regarding the terms and conditions of employment for employees within the Tamworth production departments. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the Fair Work Act's provisions, and whether it was made in good faith and without coercion. The Commission also needed to assess whether the agreement contained minimum entitlements, as required by the Act, and if it was consistent with the existing industrial instruments.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, was made in good faith, and did not contain any provisions that were contrary to the Act. Additionally, the agreement included the required minimum entitlements and was consistent with the existing industrial instruments. Consequently, the Commission approved the Teys Australia Southern Pty Ltd Tamworth Production Departments Enterprise Agreement 2012.

As a result of the Commission's decision, the Teys Australia Southern Pty Ltd Tamworth Production Departments Enterprise Agreement 2012 was approved and came into effect as of the date of the Commission's determination. This ruling ensures that the employees within the Tamworth production departments would be governed by the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established