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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, 10 APRIL 2014
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 was made pursuant to s.185 of the Fair
Work Act 2009 (the Act). The agreement is a single-enterprise agreement.
[2] On 9 April 2014 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 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. A decision was issued on 10 April 2014 setting out the reasons for deciding that those
requirements have been met.1
[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.
[6] The Agreement is approved and, in accordance with s.54, will operate from 17 April
2014. The nominal expiry date of the Agreement is 10 April 2018.
[2014] FWCA 2453 [Note: An appeal pursuant to s.604 (C2014/4178) was
lodged against this decision - refer to Full Bench decisions dated 18
September 2014 [[2014] FWCFB 5643] and 19 December 2014 [[2014]
FWCFB 8589] respectively for result of appeals.]
DECISION
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2014FWCFB5643.htm
[2014] FWCA 2453
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DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code J, AE407676 PR549608
1 [2014] FWC 2449