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

[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

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).

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Teys Australia Southern Pty Ltd T/A Teys Australia Wagga, applied to the Fair Work Commission for the approval of the Teys Australia Wagga Production Employees Agreement. The respondent, the National Union of Workers, opposed the application on the basis that the agreement contained provisions that were not fair and reasonable. The dispute was heard by the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the court were whether the provisions in the agreement were fair and reasonable, and whether they met the criteria for approval under the Fair Work Act. The court had to consider whether the agreement provided for a fair and reasonable balance of rights and obligations between the parties, and whether it provided for the protection of employees' rights and entitlements.

The court found that the agreement met the criteria for approval under the Fair Work Act. The court considered that the agreement provided for a fair and reasonable balance of rights and obligations between the parties, and that it provided for the protection of employees' rights and entitlements. The court also found that the provisions in the agreement were not unreasonable, and that they were necessary to facilitate the efficient operation of the workplace. The court concluded that the agreement was fair and reasonable, and approved the agreement.

The Fair Work Commission approved the Teys Australia Wagga Production Employees Agreement, and the application was successful. The court's decision provides guidance to employers and unions on the types of provisions that may be included in an enterprise agreement, and the criteria that must be met for an agreement to be approved by the Fair Work Commission. The decision also highlights the importance of ensuring that enterprise agreements provide for a fair and reasonable balance of rights and obligations between the parties, and that they protect the rights and entitlements of employees.

Teys Australia Southern Pty Ltd T/A Teys Australia Wagga

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established