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Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Teys Australia Beenleigh Pty Ltd
(AG2013/8000)
TEYS AUSTRALIA BEENLEIGH PTY LTD PRODUCTION
DEPARTMENTS ENTERPRISE AGREEMENT 2013
Meat Industry
DEPUTY PRESIDENT ASBURY BRISBANE, 27 SEPTEMBER 2013
Application for approval of the Teys Australia Beenleigh Pty Ltd Production Departments
Enterprise Agreement 2013.
[1] Teys Australia Beenleigh Pty Ltd applies for approval of an enterprise agreement
known as the Teys Australia Beenleigh Pty Ltd Production Departments Enterprise
Agreement 2013 (the Agreement). The application is made pursuant to s.185 of the Fair Work
Act 2009 (the Act). The agreement is a single-enterprise agreement.
[2] On 25 September 2013 a hearing was held in relation to an objection to the approval of
the Agreement by the Australasian Meat Industry Employees Union (AMIEU) on the grounds
that the Agreement was not genuinely made.
[3] After considering the evidence and submissions in that hearing, 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. I will issue separate reasons for deciding that those requirements have been
met.
[4] The Australasian Meat Industry Employees Union, 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.
[5] On 26 September 2013 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. I also note that the AMIEU confirms its agreement with the undertakings.
[6] The Agreement is approved and, in accordance with s.54, will operate from 4 October
2013. The nominal expiry date of the Agreement is 27 September 2017.
[2013] FWCA 7477 [Note: An appeal pursuant to s.604 (C2013/6376) was
lodged against this decision - refer to Full Bench decision dated 4 March
2014 [[2014] FWCFB 1313] for result of appeal.]
DECISION
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2014FWCFB1313.htm
[2013] FWCA 7477
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DEPUTY PRESIDENT
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