Teys Australia Southern Pty Ltd T/A Teys Australia Tamworth Summary

[2022] FWCA 1399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Teys Australia Southern Pty Ltd T/A Teys Australia Tamworth

(AG2022/957)

Teys Australia Tamworth Production Employees Agreement

Meat Industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 11 MAY 2022

Application for approval of the Teys Australia Tamworth Production Employees Agreement

An application has been made for approval of an enterprise agreement known as the Teys Australia Tamworth Production Employees Agreement (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 May 2022. The nominal expiry date of the Agreement is 10 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Teys Australia Southern Pty Ltd, trading as Teys Australia Tamworth, applied to the Fair Work Commission for approval of the Teys Australia Tamworth Production Employees Agreement. The applicant argued the agreement was suitable for registration under the Fair Work Act 2009. The Australian Manufacturing Workers' Union was the sole party in opposition to the application.

The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine whether the agreement contained provisions that were unfair, and whether it was in accordance with the Act. The primary concern was whether the agreement appropriately balanced the rights and obligations of both the employer and employees.

The Fair Work Commission found that the agreement did not include provisions that were unfair, and was compliant with the requirements of the Fair Work Act. The Commission took into account the nature of the industry, the terms of the agreement, and the submissions made by the parties. Consequently, the application was approved, and the agreement was registered.

No further orders were made beyond the approval and registration of the agreement. The decision reinforces the importance of ensuring workplace agreements are fair and meet the statutory requirements, while also recognising the need for flexibility in different industries.

Teys Australia Southern Pty Ltd T/A Teys Australia Tamworth

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established