Teys Australia Southern Pty Ltd T/A Teys Australia Wagga

[2022] FWCA 1621

[2022] FWCA 1621

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Teys Australia Southern Pty Ltd T/A Teys Australia Wagga

(AG2022/767)

Teys Australia Wagga Production Employees Agreement

Meat Industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 MAY 2022

Application for approval of the Teys Australia Wagga Production Employees Agreement

1. An application has been made by Teys Australia Southern Pty Ltd (the Employer) pursuant to s 185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Teys Australia Wagga Production Employees Agreement (the Agreement).

1. As noted in my decision issued on 10 May 2022[1] (the earlier decision), the Employer provided a written undertaking in response to concerns raised in my review of the Agreement. A copy of this undertaking is attached in Annexure A. The Employer has now also provided undertakings to address the concern about the requirement in s 186(6) raised in my earlier decision[2]. A copy of these undertakings is attached in Annexure B. I am satisfied that the undertakings provided 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. The undertakings are taken to be a term of the agreement.

1. Subject to the undertakings referred to above, 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.

1. As noted in my earlier decision, the Australasian Meat Industry Employees Union, 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) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 23 May 2022. The nominal expiry date of the Agreement is 23 May 2026.

DEPUTY PRESIDENT

Annexure A

Annexure B

[1] [2022] FWC 1096

[2] Ibid

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