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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teys Australia Southern Pty Ltd T/A Teys Australia Wagga sought approval of the Teys Australia Wagga Production Employees Agreement under the Fair Work Act 2009. The application was heard in the Federal Circuit Court of Australia. The Australian Council of Trade Unions (ACTU) opposed the application, contending that the agreement was not genuinely a product of genuine bargaining and was unfair to employees.

The court had to decide whether the agreement met the legal requirements for approval under the Fair Work Act. This involved determining whether the agreement was genuinely a product of genuine bargaining, and whether it was fair and reasonable. The court examined the bargaining process, the content of the agreement, and whether it complied with the provisions of the Act. The court also had to consider whether the agreement provided for appropriate protections for employees and whether it was consistent with the principles of industrial relations law.

The court found that the agreement was genuinely a product of genuine bargaining and was fair and reasonable. It determined that the bargaining process was robust, and the parties had engaged in meaningful negotiations. The court also found that the agreement provided for appropriate protections for employees and was consistent with the principles of industrial relations law. The court approved the application, stating that the agreement was in the best interests of the employees and the employer.

The court ordered that the Teys Australia Wagga Production Employees Agreement be approved and registered under the Fair Work Act. The agreement was to be in effect from the date of the order, and all parties were bound by its terms. The court also ordered that the agreement be published in the Fair Work Commission's register of approved agreements.

Teys Australia Southern Pty Ltd T/A Teys Australia Wagga

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established