DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2021/239)

JBS AUSTRALIA PTY LIMITED – RIVERINA BEEF FEEDLOT MAINTENANCE ENTERPRISE AGREEMENT 2020

Meat Industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 FEBRUARY 2021

Application for approval of the JBS Australia Pty Limited – Riverina Beef Feedlot Maintenance Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited – Riverina Beef Feedlot Maintenance Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). 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 have been met.

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 March 2021. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JBS Australia Pty Limited applied to the Fair Work Commission for approval of the JBS Australia Pty Limited – Riverina Beef Feedlot Maintenance Enterprise Agreement 2020. The application was made by the employer, JBS Australia Pty Limited, and opposed by the Australian Manufacturing Workers’ Union. The dispute centred around whether the proposed agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009.

The key legal issue was whether the agreement contained all the mandated minimum terms and conditions, and if it was made in good faith and not under duress. The Commission had to assess the content of the agreement against the legislative framework, particularly focusing on the provisions related to employment terms, conditions, and dispute resolution mechanisms. Additionally, the Commission considered whether the agreement had been negotiated genuinely and fairly.

The Fair Work Commission found that the agreement met all the statutory requirements and was made in good faith. The Commission noted that the agreement included all the mandated minimum terms and conditions, and that the negotiation process had been conducted appropriately. The Commission also determined that the agreement was not disadvantageous to the employees and provided a fair balance of rights and obligations. As a result, the Commission approved the agreement, allowing it to come into effect.

The Fair Work Commission approved the JBS Australia Pty Limited – Riverina Beef Feedlot Maintenance Enterprise Agreement 2020, confirming that it satisfied all the legal requirements under the Fair Work Act 2009. The Commission's decision was based on a thorough examination of the agreement's content and the negotiation process, ensuring that it provided a fair and balanced outcome for both the employer and the employees.

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