JBS Australia Pty Limited

[2020] FWCA 1242

[2020] FWCA 1242

FAIR WORK COMMISSION

DECISION

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

JBS Australia Pty Limited
(AG2019/4966)

JBS AUSTRALIA PTY LIMITED - TOWNSVILLE ENTERPRISE AGREEMENT 2019

Meat Industry
COMMISSIONER BOOTH	BRISBANE, 6 MARCH 2020

Application for approval of the JBS Australia Pty Limited - Townsville Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by JBS Australia Pty Limited (the Applicant) for approval of the JBS Australia Pty Limited - Townsville Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 10 February 2020, raising concerns in relation to the Agreement.

[3] The Applicant provided submissions and signed undertakings addressing the concerns raised on 26 February 2020.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] It is noted that the consultation term at clause 10 of the Agreement does not appear consistent with the requirements of the Act. Accordingly, the model consultation term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Subject to the undertakings provided and the matter raised at paragraph [5], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Australasian Meat Industry Employees’ Union (the AMIEU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing 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 AMIEU.

[8] The Agreement is approved and, in accordance with clause 5 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 12 March 2023.

COMMISSIONER

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Attachment A