DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teys Australia Southern Pty Ltd T/A Teys Australia Tamworth
(AG2016/5819)

TEYS AUSTRALIA TAMWORTH PRODUCTION EMPLOYEES AGREEMENT

Meat Industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 NOVEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Teys Australia Tamworth Production Employees Agreement (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 T/A Teys Australia Tamworth. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 November 2016 and, in accordance with s.54, will operate from 10 November 2016. The nominal expiry date of the Agreement is 3 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Teys Australia Southern Pty Ltd trading as Teys Australia Tamworth, an applicant seeking approval of a new enterprise agreement under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, an Australian federal court responsible for regulating workplace relations. The application for approval was contested by various unions representing employees of Teys Australia Tamworth.

The primary legal issues before the Commission were whether the proposed agreement met the requirements for "direct" approval under the Fair Work Act, including whether it contained all the mandatory terms and conditions, and whether it had been fairly negotiated. A secondary issue was whether the agreement contained provisions that were inequitable or unfair to employees. The Commission needed to determine if these provisions were justified under the "better off overall test" and whether they were necessary for the business to operate effectively.

The Fair Work Commission examined the proposed agreement in detail, considering the arguments from both the applicant and the unions. It assessed whether the agreement covered all mandatory terms and conditions and found it to be compliant. The Commission also considered the fairness and equity of the provisions, applying the better off overall test. It concluded that the agreement was not only fairly negotiated but also met the better off overall test, as the benefits to employees outweighed any detriments. The Commission approved the agreement based on these findings.

The Fair Work Commission granted approval for the Teys Australia Tamworth Production Employees Agreement, determining that it complied with all statutory requirements and was fair and equitable. The decision was based on the comprehensive compliance with mandatory terms, fair negotiation processes, and the overall benefit to employees. The Commission's approval ensures that the agreement can be implemented as a legally binding enterprise agreement.

Teys Australia Southern Pty Ltd T/A Teys Australia Tamworth

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established