JBS Australia Limited Summary

[2013] FWCA 1174

FAIR WORK COMMISSION

DECISION

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

JBS Australia Limited
(AG2012/8575)

JBS AUSTRALIA PTY LIMITED - PRIME CITY FEEDLOT ENTERPRISE AGREEMENT 2012

Meat Industry
COMMISSIONER RIORDAN	SYDNEY, 21 FEBRUARY 2013

Application for approval of the JBS Australia Pty Limited - Prime City Feedlot Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known asthe JBS Australia Pty Limited - Prime City Feedlot Enterprise Agreement 2012 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 3 years after the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, JBS Australia Limited, sought approval for the JBS Australia Pty Limited - Prime City Feedlot Enterprise Agreement 2012 from the Fair Work Commission. The agreement in question was a proposed enterprise agreement under the Fair Work Act 2009, and it concerned the terms and conditions of employment for employees of the Prime City Feedlot. The opposition to the agreement came from various unions and individual employees who argued that the agreement did not meet the requirements for approval under the Act.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Act, whether it contained all the mandatory terms prescribed by the Act, and whether it met the "better off overall test" (BOOT) as required by the Act. The Commission also had to consider whether the agreement was free from any prohibited content, such as terms that would undermine the protections provided by the Act.

In reaching its decision, the Commission examined the process through which the agreement was formed, including whether there had been sufficient consultation and whether the agreement had been duly certified as a genuine enterprise agreement. The Commission found that the agreement had been made in accordance with the Act's procedural requirements. It also found that the agreement contained all the mandatory terms prescribed by the Act and did not contain any prohibited content. Regarding the BOOT, the Commission determined that the agreement was likely to be better for the employees overall when compared to the applicable awards and the existing agreements, as it provided for certain improvements in pay and conditions.

The Fair Work Commission approved the JBS Australia Pty Limited - Prime City Feedlot Enterprise Agreement 2012, finding that it met all the legal requirements for approval under the Fair Work Act 2009. The agreement was approved as of the date it was certified, and it became the governing instrument for the employment conditions of the employees covered by the agreement. The Commission's decision was based on its finding that the agreement was made in accordance with the Act, contained all the mandatory terms, did not include any prohibited content, and met the better off overall test.

JBS Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established