[2015] FWCA 754

The attached document replaces the document previously issued with the above code on 3 February 2015.

The document has been edited to correct typographical error in the preamble by replacing the word “FEBRURAY” with the word “FEBRUARY”.

Nate Burke

Associate to Deputy President Asbury

Dated 4 February 2015

[2015] FWCA 754

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 Tamworth
(AG2015/7)

TEYS AUSTRALIA SOUTHERN PTY LTD TAMWORTH REPAIR AND MAINTENANCE DEPARTMENT ENTERPRISE AGREEMENT 2014

Manufacturing and Associated Industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 3 FEBRUARY 2015

Application for approval of the Teys Australia Southern Pty Ltd Tamworth Repair and Maintenance Department Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Teys Australia Southern Pty Ltd Tamworth Repair and Maintenance Department Enterprise Agreement 2014 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 10 February 2015. The nominal expiry date of the Agreement is 10 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Teys Australia Southern Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The dispute involved the terms of the Teys Australia Southern Pty Ltd Tamworth Repair and Maintenance Department Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, with the primary focus being the fairness and compliance of the proposed agreement.

The central legal issues addressed by the Commission were whether the agreement met the statutory requirements for employee representation, if the agreement was fairly negotiated, and whether the agreement contained provisions that were contrary to public policy or not in the best interests of the employees. The Commission had to assess if the application for approval was made in accordance with the Fair Work Act 2009 and if the agreement contained terms that were fair and reasonable.

The Commission concluded that the application for approval was made in good faith and in accordance with the Fair Work Act. It found that the agreement was fairly negotiated and that it contained no provisions that were contrary to public policy or not in the best interests of the employees. The Commission also determined that the agreement met all statutory requirements for employee representation. Based on these findings, the Commission approved the application and accepted the proposed agreement.

The Fair Work Commission approved the Teys Australia Southern Pty Ltd Tamworth Repair and Maintenance Department Enterprise Agreement 2014, confirming its compliance with the statutory requirements and its fairness to the employees.

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