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

CaseChat Overview and Summary

The applicant, JBS Australia Pty Limited, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question, the JBS Australia Pty Limited – Riverina Beef Maintenance Enterprise Agreement 2020, was proposed for approval under section 233 of the Fair Work Act 2009. The respondent, the Australian Manufacturing Workers’ Union, raised objections to the application. The central legal issues before the court were whether the agreement met the statutory requirements for approval, particularly whether it contained the necessary provisions for employee protection and whether it had been made in accordance with the Fair Work Act.

The court found that the agreement satisfied the statutory criteria for approval. The agreement included all necessary provisions for employee protection, such as minimum wages, penalty rates, and leave entitlements. The court also determined that the agreement had been made in good faith and without coercion, as required by the Fair Work Act. Additionally, the court noted that the agreement had been subject to a proper consultation process, and that the objections raised by the respondent did not undermine the overall fairness of the agreement. Based on these findings, the court approved the JBS Australia Pty Limited – Riverina Beef Maintenance Enterprise Agreement 2020, confirming its validity and applicability under the Fair Work Act.

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