JBS Australia Pty Limited
[2025] FWCA 2001
•17 JUNE 2025
| [2025] FWCA 2001 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
JBS Australia Pty Limited
(AG2025/1549)
JBS AUSTRALIA PTY LIMITED - LONGFORD ENTERPRISE AGREEMENT 2025
| Meat Industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 17 JUNE 2025 |
Application for approval of the JBS Australia Pty Limited - Longford Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Longford Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by JBS Australia Pty Limited (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at 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 a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in
s 193A(2)-(7).
I observe that clause 26.2 may be inconsistent with the National Employment Standards (NES). However, noting clause 53 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act (see s 62) will prevail where there is an inconsistency between the Agreement and the NES.
The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 24 June 2025. The nominal expiry date of the Agreement is 17 June 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529389 PR788272>
Annexure A
0
0
0