JBS Australia Pty Limited

[2020] FWCA 2635

[2020] FWCA 2635

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2020/1289)

JBS AUSTRALIA PTY LIMITED – RIVERINA BEEF MAINTENANCEENTERPRISE AGREEMENT 2020

Meat Industry
DEPUTY PRESIDENT DEAN	SYDNEY, 21 MAY 2020

Application for approval of the JBS Australia Pty Limited - Riverina Beef 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 Maintenance Enterprise Agreement 2020 (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 ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that clause 14.2 (Summary Termination) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2020. The nominal expiry date of the Agreement is 28 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508085  PR719502>