Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees' Union [2016] FCAFC 122

Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees' Union [2016] FCAFC 122

A provision purporting to incorporate new remuneration rates into an enterprise agreement via an agreement between the employer and the union does not validly vary or form part of the enterprise agreement unless the specific variation procedures of the Fair Work Act 2009 are followed. Section 257 does not facilitate variations that are otherwise ineffective under s 207(3); it simply qualifies the operation of s 46AA of the Acts Interpretation Act 1901 in relation to incorporation by reference.

Jurisdiction
Australia
Judgment Date
09 September 2016
Procedural Posture
Appeal / Final Judgment on Appeal
Outcome
Appeal allowed in part
Legal Topics
['enterprise Agreements' 'variation of Enterprise Agreements' 'incorporation by Reference' 'remuneration' 'statutory Interpretation']
['industrial Law' 'employment Law'] ['enterprise Agreements' 'variation of Enterprise Agreements' 'incorporation by Reference' 'remuneration' 'statutory Interpretation']

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Procedural Posture

Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 ['Whether the Remuneration Document varied or formed part of the 2010 Enterprise Agreement under the Fair Work Act 2009 (Cth)' 'Whether s 257 of the Fair Work Act enables incorporation or variation by reference outside Division 7 procedures' 'Whether a variation outside the statutory scheme is effective']

Ratio Decidendi

A provision purporting to incorporate new remuneration rates into an enterprise agreement via an agreement between the employer and the union does not validly vary or form part of the enterprise agreement unless the specific variation procedures of the Fair Work Act 2009 are followed. Section 257 does not facilitate variations that are otherwise ineffective under s 207(3); it simply qualifies the operation of s 46AA of the Acts Interpretation Act 1901 in relation to incorporation by reference.

Court Disposition

Appeal allowed in part

Orders

  • ['The appeal be allowed in part.' 'Order 1 made by the primary Judge on 5 January 2016 be set aside.' 'Declaration: The Teys Bros (Beenleigh) Pty Ltd Enterprise Agreement 2010 Remuneration Document October 2009 does not form part of, and does not vary, the Teys Bros (Beenleigh) Pty Ltd/AMIEU Production Department...