Diamond Valley Pork Pty Ltd

[2023] FWCA 3028

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Diamond Valley Pork Pty Ltd

(AG2023/3102)

JBS DIAMOND VALLEY PORK PRODUCTION ENTERPRISE AGREEMENT 2023

Meat Industry
COMMISSIONER YILMAZ	MELBOURNE, 21 SEPTEMBER 2023

Application for approval of the JBS Diamond Valley Pork Production Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the JBS Diamond Valley Pork Production Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diamond Valley Pork Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement concerning personal/carer’s leave, redundancy and deductions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 28 September 2023. The nominal expiry date of the Agreement is 21 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Diamond Valley Pork Pty Ltd, the Fair Work Commission was presented with an application for the approval of the JBS Diamond Valley Pork Production Enterprise Agreement 2023. The dispute arose as the applicant, Diamond Valley Pork Pty Ltd, sought to have the proposed enterprise agreement recognised and enforced as a legally binding document for its employees. The applicant, represented by legal counsel, argued that the agreement contained terms and conditions of employment that were necessary to ensure the efficient operation of its pork production facility.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, whether it contained the minimum terms and conditions as stipulated by the Fair Work Act, and if it had been fairly negotiated with genuine consultation. The Commission also had to consider whether the agreement was in the best interests of the employees, given the unique circumstances of the pork production industry.

The Fair Work Commission found that the proposed enterprise agreement met the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith and contained the minimum terms and conditions as required by the Fair Work Act. The applicant had provided evidence of genuine consultation and negotiation with the employees, and the Commission was satisfied that the agreement was in the best interests of the employees. The Commission noted that the agreement addressed specific industry issues and provided for a fair and equitable outcome for both the employer and employees.

The Fair Work Commission approved the JBS Diamond Valley Pork Production Enterprise Agreement 2023, making it a legally binding document for the employees of Diamond Valley Pork Pty Ltd. The approval ensures that the terms and conditions of employment set out in the agreement are enforceable and provide a framework for the operation of the pork production facility.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established