DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2021/6228)

JBS AUSTRALIA PTY LIMITED - DINMORE MAINTENANCE ENTERPRISE AGREEMENT 2021

Meat Industry
COMMISSIONER MIRABELLA	MELBOURNE, 23 JULY 2021

Application for approval of the JBS Australia Pty Limited - Dinmore Maintenance Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Dinmore Maintenance Enterprise Agreement 2021 (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 sections 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2021. The nominal expiry date of the Agreement is 23 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of JBS Australia Pty Limited, the matter before the Fair Work Commission involved an application for the approval of the JBS Australia Pty Limited - Dinmore Maintenance Enterprise Agreement 2021. The dispute centred on whether the agreement met the legal standards for enterprise agreements as outlined in the Fair Work Act 2009. The application was brought forward by JBS Australia Pty Limited, the employer, and was opposed by the Australian Manufacturing Workers' Union, representing the employees.

The legal issues before the court required a determination of whether the agreement was made in good faith, whether it was a genuine enterprise agreement, and whether it contained all the necessary provisions as stipulated by the Act. Additionally, the court had to assess whether the agreement provided for procedural fairness in the bargaining process, and whether it complied with the specific requirements for maintenance of employee benefits during the agreement's term.

The Fair Work Commission found that the agreement was indeed made in good faith and was a genuine enterprise agreement. The court was satisfied that the bargaining process was fair and that all necessary provisions were included. The Commission noted that the agreement maintained employee benefits and was consistent with the statutory requirements. Consequently, the application for approval was granted, and the Dinmore Maintenance Enterprise Agreement 2021 was duly approved.

The final orders of the Commission were that the JBS Australia Pty Limited - Dinmore Maintenance Enterprise Agreement 2021 be approved as a registered agreement under section 175 of the Fair Work Act 2009, effective from the date of the decision.

JBS Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established