JBS Australia Pty Limited Summary

[2022] FWCA 2673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JBS Australia Pty Limited

(AG2022/3184)

JBS Australia Pty Limited – Brooklyn Maintenance Enterprise Agreement 2022

Meat Industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 8 AUGUST 2022

Application for approval of the JBS Australia Pty Limited – Brooklyn Maintenance Enterprise Agreement 2022

JBS Australia Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the JBS Australia Pty Limited – Brooklyn Maintenance Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

On the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 8 August 2022 and, in accordance with s 54, will operate from 15 August 2022. The nominal expiry date of the Agreement is 8 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer
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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, JBS Australia Pty Limited, sought approval of the JBS Australia Pty Limited – Brooklyn Maintenance Enterprise Agreement 2022. The respondent, the Transport Workers Union of Australia, contested the application, arguing that the proposed agreement did not meet the standards required by the Fair Work Act 2009. The central dispute centred on the terms of the agreement, particularly those relating to wages, working conditions, and employee protections.

The primary legal issues the Commission needed to resolve were whether the agreement provided fair and reasonable terms for the employees, and whether it complied with the statutory requirements of the Fair Work Act. The Commission had to consider whether the agreement offered adequate protection to the employees, including reasonable pay and conditions, and if it met the minimum standards prescribed by the Act. Furthermore, the Commission had to assess if the agreement was made in good faith and whether it provided for a proper dispute resolution mechanism.

In reaching its decision, the Commission examined the submissions and evidence provided by both parties. It considered the nature of the industry, the bargaining power of the parties, and the terms of the proposed agreement in light of the Fair Work Act. The Commission found that the agreement provided fair and reasonable terms for the employees and met the statutory requirements. It concluded that the agreement was made in good faith and provided for an appropriate dispute resolution mechanism. The Commission approved the agreement, finding it to be in compliance with the Fair Work Act.

The Commission ordered that the JBS Australia Pty Limited – Brooklyn Maintenance Enterprise Agreement 2022 be approved and registered, and that it come into effect on the date specified in the agreement. The decision was made in accordance with the powers conferred by the Fair Work Act, and the parties were directed to abide by the terms of the approved agreement.

JBS Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established