DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2019/4495)

JBS AUSTRALIA PTY LIMITED - TOWNSVILLE MAINTENANCE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 DECEMBER 2019

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

[1] JBS Australia Pty Limited has made an application for approval of an enterprise agreement known as the JBS Australia Pty Limited - Townsville Maintenance Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 20 December 2019 and, in accordance with s 54, will operate from 27 December 2019. The nominal expiry date of the Agreement is 20 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved JBS Australia Pty Limited, and the dispute centred around the application for approval of the Townsville Maintenance Enterprise Agreement 2019. The application was brought forward as a means to formalise the terms of employment for the maintenance employees at the Townsville plant. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and requirements set forth under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the agreement satisfied the provisions for an enterprise agreement, specifically focusing on matters such as the process through which the agreement was negotiated, whether it included all necessary terms, and if it complied with the procedural fairness requirements. The Commission had to scrutinise the negotiation process, the contents of the agreement, and ensure that all mandatory terms were appropriately addressed.

In delivering the decision, the Commission noted that the agreement was the result of a genuine negotiation process, with both parties participating in good faith. The Commission also found that the agreement contained all necessary terms and that the procedural fairness was upheld throughout the negotiation. Consequently, the Commission approved the application for the agreement, confirming that it met all statutory requirements and was fair and reasonable in its terms. The final orders of the Commission were to approve the Townsville Maintenance Enterprise Agreement 2019, effective from the date of the decision.

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