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

[2014] FWCA 7859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Teys Australia Southern Pty Ltd T/A Teys Australia Wagga
(AG2014/7815)

TEYS AUSTRALIA SOUTHERN PTY LTD WAGGA WAGGA REPAIR AND MAINTENANCE DEPARTMENT ENTERPRISE AGREEMENT 2014

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 NOVEMBER 2014

Application for approval of the Teys Australia Southern Pty Ltd Wagga Wagga Repair and Maintenance Department Enterprise Agreement 2014.

[1] Teys Australia Southern Pty Ltd applies for approval of an enterprise agreement known as the Teys Australia Southern Pty Ltd Wagga Wagga Repair and Maintenance Department Enterprise Agreement 2014 (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] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 12 November 2014. The nominal expiry date of the Agreement is 29 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teys Australia Southern Pty Ltd, trading as Teys Australia Wagga, sought approval of their Wagga Wagga Repair and Maintenance Department Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009. The dispute centred on the provisions of the proposed agreement, including terms relating to wages, hours of work, and other employment conditions for the employees in the Wagga Wagga Repair and Maintenance Department.

The legal issues before the Commission involved examining whether the agreement contained all the prescribed minimum terms and whether it had been negotiated in good faith. Additionally, the Commission had to determine if the agreement facilitated the efficient operation of the enterprise and if it complied with the procedural requirements set out in the Fair Work Act. The Commission considered submissions from both the employer and the union, as well as any other interested parties.

The Fair Work Commission found that the Teys Australia Southern Pty Ltd Wagga Wagga Repair and Maintenance Department Enterprise Agreement 2014 complied with all statutory requirements. The Commission confirmed that the agreement contained all the prescribed minimum terms, had been negotiated in good faith, and facilitated the efficient operation of the enterprise. Furthermore, the Commission was satisfied that the agreement adhered to the procedural requirements as outlined in the Fair Work Act. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Teys Australia Southern Pty Ltd Wagga Wagga Repair and Maintenance Department Enterprise Agreement 2014, confirming its compliance with all legislative requirements and its facilitation of efficient enterprise operation.

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