Teys Australia Southern Pty Ltd T/A Teys Australia Wagga

[2017] FWCA 1653

[2017] FWCA 1653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teys Australia Southern Pty Ltd T/A Teys Australia Wagga
(AG2016/7489)

TEYS AUSTRALIA WAGGA PRODUCTION EMPLOYEES AGREEMENT

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 23 MARCH 2017

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

[1] Teys Australia Southern Pty Ltd T/A Teys Australia Wagga applies for approval of an enterprise agreement known as the Teys Australia Wagga Production Employees Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] On 22 March 2017 following a conference conducted by the Commission between the employer and the AMIEU, undertakings were provided by the employer. Pursuant to s.190 of the Act, to address concerns about whether the Agreement passes the Better off Overall Test (BOOT), I accept the employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings are attached to the Agreement and forms part of the Agreement.

[4] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement does not contain a flexibility term that is consistent with the requirements in s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved, in accordance with s.54 of the Act, will operate from 30 March 2017. The nominal expiry date of the Agreement is 30 March 2018.

DEPUTY PRESIDENT

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