DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2019/582)

JBS AUSTRALIA PTY LIMITED - BORDERTOWN PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2019

Meat Industry
COMMISSIONER PLATT	ADELAIDE, 19 JUNE 2019

Application for approval of the JBS Australia Pty Limited - Bordertown Production Employees Enterprise Agreement 2019.

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

[2] The matter was allocated to my Chambers on 17 May 2019.

[3] On 24 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 17 June 2019. The undertaking deals with the following topics:

• The Applicant undertakes that annual leave will accrue progressively throughout the year and accumulate from year to year, consistent with the National Employment Standards.

• The Applicant undertakes that it will ensure that in any week of work and/or annual leave, a Tally Worker will receive an amount that is $0.05 greater than the equivalent rate in the Meat Industry Award 2010, plus 20% and any relevant loading for incentive payment scheme employee arrangements (Payment by Results).

• The Applicant undertakes that any processing ordinary hours referred to in clause 2.5.2 of the Agreement will be worked between 6:00am and 9:00pm, and that an “afternoon shift” in clause 2.11.2 of the Agreement will include “any shift” in which the ordinary hours finish after 9:00pm.

• The Applicant undertakes that casual employees will be engaged for a minimum of 7.6 hours per shift.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] The “The Australasian Meat Industry Employees Union (AMIEU)”, 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) of the Act I note that the Agreement covers this organisation.

[9] 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 9 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, JBS Australia Pty Limited applied for the approval of the JBS Australia Pty Limited - Bordertown Production Employees Enterprise Agreement 2019. The dispute arose from negotiations between JBS and the Meat Workers Union, leading to an agreement that was subsequently submitted for approval. The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to minimum entitlements, and whether the agreement was genuinely negotiated.

The Commission examined the provisions of the agreement to determine if they met the necessary standards for approval. Key considerations included whether the agreement provided for minimum entitlements as stipulated by the Act, and whether it was the product of genuine bargaining between the parties. The Commission assessed the evidence presented by both JBS and the Meat Workers Union to evaluate the negotiation process and the fairness of the agreement's terms. The Commission found that the agreement did comply with the statutory requirements and was the result of genuine bargaining.

The Fair Work Commission approved the JBS Australia Pty Limited - Bordertown Production Employees Enterprise Agreement 2019, finding that it met the necessary criteria for approval under the Fair Work Act 2009. The agreement was deemed to provide for the minimum entitlements required by law and was the product of genuine negotiations between the parties. The Commission's decision was based on the evidence presented, which demonstrated compliance with the statutory requirements and the genuine nature of the bargaining process.

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