JBS Australia Limited

[2013] FWCA 1578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

JBS Australia Limited
(AG2013/507)

JBS AUSTRALIA PTY LIMITED - ROCKHAMPTON ENTERPRISE AGREEMENT 2013

Meat Industry
COMMISSIONER SIMPSON	BRISBANE, 14 MARCH 2013

Application for approval of the JBS Australia Pty Limited - Rockhampton Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Rockhampton Enterprise Agreement 2013. (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JBS Australia Pty Limited. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australasian Meat Industry Employees Union being bargaining a representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 21 March 2013. The nominal expiry date of the agreement is 13 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, JBS Australia Limited, applied for an approval of the JBS Australia Pty Limited – Rockhampton Enterprise Agreement 2013. The application was made under section 233 of the Fair Work Act 2009. The respondent, the Australian Manufacturing Workers' Union, contested the application. The nature of the dispute centred around the terms and conditions of employment within the JBS Australia Rockhampton plant, including issues such as wages, hours of work, and other conditions of employment.

The legal issues before the court required it to determine whether the agreement met the requirements of the Fair Work Act and if it provided for the proper management of the workplace. Specifically, the court had to consider whether the agreement provided for the fair and equitable treatment of employees, if it facilitated a productive workplace, and if it adhered to the principles of the Act. Furthermore, the court needed to assess whether the agreement was genuinely negotiated between the parties and if it provided adequate protection for employees' rights.

After reviewing the submissions and evidence from both parties, the Fair Work Commission found that the agreement was fairly negotiated and provided for the proper management of the workplace. The Commission noted that the agreement contained provisions that facilitated a productive workplace and ensured the fair and equitable treatment of employees. The Commission also found that the agreement complied with the principles of the Fair Work Act and provided adequate protection for employees' rights. As a result, the Fair Work Commission approved the JBS Australia Pty Limited – Rockhampton Enterprise Agreement 2013. The approval ensures that the agreement will provide for the proper management of the workplace and the fair and equitable treatment of employees within the JBS Australia Rockhampton plant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established