JBS Australia Pty Limited

[2019] FWCA 4248

[2019] FWCA 4248

FAIR WORK COMMISSION

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

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