DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2018/5909)

JBS AUSTRALIA PTY LIMITED - BROOKLYN COLD STORES ENTERPRISE AGREEMENT 2018

Meat Industry
COMMISSIONER YILMAZ	MELBOURNE, 28 MARCH 2019

Application for approval of the JBS Australia Pty Limited - Brooklyn Cold Stores Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Brooklyn Cold Stores 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. The Agreement is a single enterprise agreement.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Union of Workers 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, will operate from 4 April 2019. The nominal expiry date of the Agreement is 4 April 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the case of JBS Australia Pty Limited was heard, involving an application for the approval of the JBS Australia Pty Limited - Brooklyn Cold Stores Enterprise Agreement 2018. The applicants, JBS Australia Pty Limited and the Australian Workers' Union (AWU), sought the court's approval of the enterprise agreement, which had been negotiated between the union and the company. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue the court needed to address was whether the enterprise agreement satisfied the requirements for approval, including whether it was negotiated in good faith, covered a suitable bargaining group, and provided fair and reasonable terms for employees. The court also considered whether the agreement met the "better off overall test" and if it included appropriate provisions for employee protections, dispute resolution, and other statutory entitlements.

The court's reasoning focused on the provisions of the Fair Work Act, which mandates that an enterprise agreement must be negotiated in good faith and cover a suitable bargaining group. The court examined the negotiation process and the contents of the agreement to determine if it met these criteria. The applicants provided evidence of a good faith negotiation process and demonstrated that the agreement covered an appropriate bargaining group. Additionally, the court assessed whether the agreement provided fair and reasonable terms for employees and whether it met the better off overall test. Ultimately, the court found that the agreement satisfied all the necessary criteria for approval and was in the best interests of the employees.

The final orders of the court approved the JBS Australia Pty Limited - Brooklyn Cold Stores Enterprise Agreement 2018, confirming its validity and binding effect under the Fair Work Act. The agreement was deemed to be fair and reasonable for the employees and met all statutory requirements for approval.

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