DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

JBS Australia Pty Limited
(AG2018/3403)

JBS AUSTRALIA PTY LIMITED - BROOKLYN ENTERPRISE AGREEMENT 2018

Meat Industry
COMMISSIONER MCKINNON	MELBOURNE, 7 DECEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Brooklyn 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] Written undertakings have been given in accordance with s. 190 of the Act. A copy of the undertakings is attached in Annexure A. After considering the views of the Australasian Meat Industry Employees Union (AMIEU) in relation to the undertakings, I have decided to accept the undertakings without change.

[3] 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.

[4] 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.

[5] The 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2018. The nominal expiry date of the Agreement is 6 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved JBS Australia Pty Limited, and the dispute was about the approval of the JBS Australia Pty Limited - Brooklyn Enterprise Agreement 2018. The matter was heard in the Fair Work Commission. The applicant, JBS Australia Pty Limited, sought approval of the enterprise agreement under the Fair Work Act 2009. The agreement was entered into between the applicant and various unions representing the employees.

The legal issues that the court had to decide included whether the agreement complied with the requirements of the Fair Work Act 2009, whether the agreement was made in good faith, and whether the agreement provided for the proper regulation of employees' conditions of employment. The court also had to consider whether the agreement would have a detrimental effect on the employees or the applicant.

The court found that the agreement was made in good faith and did not have a detrimental effect on the employees or the applicant. The court was satisfied that the agreement provided for the proper regulation of employees' conditions of employment and complied with the requirements of the Fair Work Act 2009. The court approved the agreement and made an order for its registration. The applicant was also ordered to take all necessary steps to give effect to the agreement.

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