DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2019/3580)

JBS CARRIERS - ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 16 DECEMBER 2019

Application for approval of the JBS Carriers - Enterprise Agreement 2019.

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

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the agreement.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia 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 23 December 2019. The nominal expiry date of the Agreement is 15 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JBS Australia Pty Limited recently applied to the Fair Work Commission (FWC) for the approval of the JBS Carriers - Enterprise Agreement 2019. The application was made under section 234 of the Fair Work Act 2009, seeking the FWC's approval of the proposed agreement as a registered agreement. The dispute centred on the fairness and appropriateness of the proposed agreement, which aimed to set out the terms and conditions of employment for drivers and associated workers employed by JBS Australia.

The primary legal issues before the FWC were whether the proposed agreement met the criteria for approval under the Fair Work Act, particularly whether it provided for fair and reasonable terms of employment and was consistent with the principles of the Act. The FWC examined the procedural fairness of the agreement, including whether genuine bargaining had occurred, and substantive fairness, focusing on the content of the agreement and its impact on employees. The FWC also assessed whether the agreement complied with minimum pay rates and other relevant industrial instruments.

In its decision, the FWC found that the proposed agreement was procedurally fair, as genuine bargaining had occurred between the parties. The FWC considered the process of negotiation and the involvement of employee representatives in the agreement's development. On substantive fairness, the FWC found that the terms of the agreement provided for reasonable and fair terms of employment, taking into account the specific needs of the industry and the employees. The FWC concluded that the agreement was consistent with the principles of the Fair Work Act and met the criteria for approval. Consequently, the FWC approved the agreement, making it a registered agreement effective from the specified date.

The FWC's final order was that the JBS Carriers - Enterprise Agreement 2019 be approved and registered under section 234 of the Fair Work Act 2009. The agreement will now serve as the governing document for the terms and conditions of employment for the specified workforce, ensuring compliance with the Act and providing a framework for future industrial relations between JBS Australia and its 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