DECISION

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

JBS Australia Pty Limited
(AG2021/4405)

JBS AUSTRALIA PTY LIMITED – RIVERINA BEEF FEEDLOT ENTERPRISE AGREEMENT 2021

Agricultural industry
COMMISSIONER SIMPSON	BRISBANE, 29 APRIL 2021

Application for approval of the JBS Australia Pty Limited - Riverina Beef Feedlot Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Riverina Beef Feedlot 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 Applicant). The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of JBS Australia Pty Limited, the applicant, and the Fair Work Commission, the respondent, the Federal Court was called upon to consider an application for the approval of the JBS Australia Pty Limited - Riverina Beef Feedlot Enterprise Agreement 2021. The applicant, JBS Australia, sought approval of the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for the employees working in its Riverina beef feedlot operations. The Commission had earlier certified the proposed agreement as a new enterprise agreement under section 230 of the Fair Work Act 2009, and the application was brought to approve the agreement as a modern award.

The legal issues before the court centred on whether the proposed agreement complied with the requirements of the Fair Work Act and the principles of procedural fairness. The court had to examine if the agreement contained the necessary minimum terms and conditions, whether it was free from any invalid provisions, and if the appropriate process was followed in reaching the agreement. Additionally, the court had to consider if the agreement complied with the relevant provisions of the Fair Work Act and if it was in the best interest of the employees.

The court found that the proposed agreement did comply with the requirements of the Fair Work Act and the principles of procedural fairness. The agreement contained the necessary minimum terms and conditions, was free from any invalid provisions, and the appropriate process was followed in reaching the agreement. The court was satisfied that the agreement complied with the relevant provisions of the Fair Work Act and was in the best interest of the employees. The court approved the JBS Australia Pty Limited - Riverina Beef Feedlot Enterprise Agreement 2021 as a new enterprise agreement under section 230 of the Fair Work Act. The final orders of the court mandated the approval of the agreement, with the effective date of the agreement being 1 July 2021, subject to any necessary variations as may be required by the Fair Work Commission.

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