Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees Union (No 2) [2016] FCA 2

Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees Union (No 2) [2016] FCA 2

The incentive payment system contained in the Remuneration Document was validly incorporated into the Teys Bros (Beenleigh) Pty Ltd / AMIEU Production Departments Enterprise Agreement 2010 on 23 November 2009 by operation of clause 3.10.1, authorised by s 257 of the Fair Work Act 2009, and was not invalidated by the argument that incorporation must occur only at the time the agreement is made or by the variation scheme under Division 7 of the Act. If the incorporation facilitated a variation, it was nevertheless permitted within the scheme established by the Act. There is no reason to read down s 257 as requiring material to exist only at the time the agreement is made nor to treat clause...

Jurisdiction
Australia
Judgment Date
05 January 2016
Procedural Posture
Originating Application for Declaratory Relief / Final Judgment
Outcome
Application dismissed
Legal Topics
['enterprise Agreements' 'incorporation of Terms' 'variation of Agreements' 'fair Work Act Interpretation']
['employment' 'industrial Law'] ['enterprise Agreements' 'incorporation of Terms' 'variation of Agreements' 'fair Work Act Interpretation']

Case Brief

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Procedural Posture

Originating Application for Declaratory Relief / Final Judgment

Legal Issues

  1. 1 ['Whether the incentive payment system in the Remuneration Document was validly incorporated into the 2010 Enterprise Agreement by clause 3.10.1' 'Whether s 257 Fair Work Act 2009 authorises post-making incorporation' 'Whether such incorporation constitutes a variation of the agreement and whether the scheme for variation under the FW Act must be followed' 'Whether clause 3.10.1 is a facilitative provision']

Ratio Decidendi

The incentive payment system contained in the Remuneration Document was validly incorporated into the Teys Bros (Beenleigh) Pty Ltd / AMIEU Production Departments Enterprise Agreement 2010 on 23 November 2009 by operation of clause 3.10.1, authorised by s 257 of the Fair Work Act 2009, and was not invalidated by the argument that incorporation must occur only at the time the agreement is made or by the variation scheme under Division 7 of the Act. If the incorporation facilitated a variation, it was nevertheless permitted within the scheme established by the Act. There is no reason to read down s 257 as requiring material to exist only at the time the agreement is made nor to treat clause...

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' 'Unless an application is made for costs within 7 days hereof, there be no order as to costs.']