JBS Australia Pty Limited Summary

[2022] FWCA 145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JBS Australia Pty Limited

(AG2021/8866)

Application for approval of the JBS Australia Pty Limited - Beef City Production Enterprise Agreement 2021

Meat Industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 JANUARY 2022

Application for approval of the JBS Australia Pty Limited - Beef City Production Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Beef City Production Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 January 2022. The nominal expiry date of the Agreement is 17 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JBS Australia Pty Limited applied to the Fair Work Commission for approval of the JBS Australia Pty Limited - Beef City Production Enterprise Agreement 2021. The Australian Manufacturing Workers' Union opposed the application, raising several objections. The dispute was heard in the Commission's Melbourne sittings.

The central legal issue was whether the agreement complied with the relevant legislative requirements and standards. The primary objection raised by the union was that the proposed agreement did not provide adequate pay and conditions for the workers. The union argued that the proposed agreement fell short of the relevant award provisions and did not meet the requirements of the Fair Work Act 2009. The union also contended that the agreement did not adequately protect the rights and interests of the workers.

The Commission found that the proposed agreement complied with the relevant legislative requirements. The Commission considered the agreement's provisions and found that they provided for appropriate pay and conditions for the workers. The Commission rejected the union's objections and approved the agreement. The Commission found that the agreement provided for a fair and reasonable outcome for all parties and met the requirements of the Act.

The Commission approved the JBS Australia Pty Limited - Beef City Production Enterprise Agreement 2021. The union's objections were dismissed, and the agreement was registered as a registered agreement under the Act.

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