DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2019/115)

JBS AUSTRALIA PTY LIMITED - BORDERTOWN MAINTENANCE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 7 MAY 2019

Application for approval of the JBS Australia Pty Limited - Bordertown Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Bordertown Maintenance Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JBS Australia Pty Limited.

[2] The Employer has provided written undertakings. 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.

[3] Subject to 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 13 May 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of JBS Australia Pty Limited, the Fair Work Commission was presented with an application for the approval of the JBS Australia Pty Limited - Bordertown Maintenance Enterprise Agreement 2018. The applicant, JBS Australia, sought to have this enterprise agreement approved under the Fair Work Act 2009, which mandates that certain conditions, including fairness, must be met for an agreement to be approved. The dispute centred on whether the agreement met the requirements of the Act, particularly the fairness test, which evaluates whether the agreement provides for fair and reasonable terms and conditions of employment.

The legal issues before the Commission were primarily whether the agreement provided for fair and reasonable terms and conditions, as required by section 234 of the Fair Work Act. This included assessing the adequacy of provisions regarding wages, hours of work, leave, and other employment conditions. The Commission had to determine if the agreement struck an appropriate balance between the interests of employees and the business operations of JBS Australia, and whether any provisions disadvantaged the employees.

The Commission found that the JBS Australia Pty Limited - Bordertown Maintenance Enterprise Agreement 2018 was fair and reasonable. The analysis considered the nature of the enterprise, the bargaining positions of the parties, and the terms and conditions of the agreement. The Commission was satisfied that the agreement provided for fair wages, reasonable hours of work, and adequate leave provisions. It concluded that the agreement was appropriate given the context of the industry and the specific operations of JBS Australia at the Bordertown site. The Commission approved the agreement, finding it met the requirements of the Act.

In summary, the Fair Work Commission approved the JBS Australia Pty Limited - Bordertown Maintenance Enterprise Agreement 2018, determining that it met the fairness test and was appropriate for the circumstances. This decision ensures that the agreement's terms and conditions are legally compliant and balanced in favour of both the employees and the employer.

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