DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teys Australia Southern Pty Ltd T/A Teys Australia Charlton
(AG2015/3331)

TEYS AUSTRALIA CHARLTON PTY LTD FEEDLOT ENTERPRISE AGREEMENT 2015

Agricultural industry
COMMISSIONER LEWIN	MELBOURNE, 18 AUGUST 2015

Application for approval of the Teys Australia Charlton Pty Ltd Feedlot Enterprise Agreement 2015.

[1] On 15 July 2015, Teys Australia Southern Pty Ltd T/A Teys Australia Charlton (Applicant) made an application for approval of the Teys Australia Charlton Pty Ltd Feedlot Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[1] The Agreement was lodged within 14 days after it was made.
[1] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Fair Work Commission (Commission) is 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. In any case, Australian Workers’ Union and employee bargaining representatives have indicated their acceptance of the undertakings.

[2] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants to be covered by the Agreement. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.
[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 25 August 2015. The nominal expiry date of the Agreement is 17 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Teys Australia Southern Pty Ltd, trading as Teys Australia Charlton, sought approval of the Teys Australia Charlton Pty Ltd Feedlot Enterprise Agreement 2015. The dispute arose in the Fair Work Commission of Australia, where the applicant submitted the agreement for endorsement to regulate employment terms and conditions for its employees. The Commission's task was to assess whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement was genuinely negotiated, provided for the proper classification and remuneration of employees, and adhered to the provisions of the Fair Work Act. The applicant argued that the agreement was the product of genuine bargaining and that it fairly represented the interests of the employees. The Commission needed to examine the evidence presented to determine the legitimacy of the bargaining process and the reasonableness of the terms agreed upon.

After reviewing the evidence, the Commission found that the agreement was genuinely negotiated and met the requirements for approval. The Commission acknowledged the fairness of the remuneration and classification provisions within the agreement and concluded that it did not contravene the Fair Work Act. Consequently, the Commission granted the applicant's request for approval of the Teys Australia Charlton Pty Ltd Feedlot Enterprise Agreement 2015. The Commission's decision was based on the satisfactory demonstration of genuine negotiations and the reasonableness of the agreement's terms.

The Fair Work Commission approved the Teys Australia Charlton Pty Ltd Feedlot Enterprise Agreement 2015, endorsing it as a valid and enforceable agreement between Teys Australia Southern Pty Ltd and its employees. The approval signified that the agreement complied with the statutory requirements and adequately represented the interests of both the employer and the employees.

Teys Australia Southern Pty Ltd T/A Teys Australia Charlton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established