| [2018] FWCA 6935[Note: a correction has been issued to this document] |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
JBS Australia Pty Limited
(AG2018/3685)
JBS Australia Pty Limited - Scone Enterprise Agreement 2018
| Meat Industry | |
| Deputy President Masson | MELBOURNE, 13 NOVEMBER 2018 |
Application for approval of the JBS Australia Pty Limited - Scone Enterprise Agreement 2018.
An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Scone 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.
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.
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 lodged contained an error at clause 27. On 26 October 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Australasian Meat Industry Employees Union 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2018. The nominal expiry date of the Agreement is 12 November 2021.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE500720 PR702237>
Annexure A
- AGLC
- JBS Australia Pty Limited [2018] FWCA 6935
- Case
- [2018] FWCA 6935
- Decision Date
CaseChat Overview and Summary
The central legal issue before the FWC was whether the enterprise agreement complied with the requirements of the Fair Work Act, particularly concerning the process through which it was negotiated and the rights and obligations it established. The AMWU and NTEU argued that the agreement did not adequately protect employees' rights and that the negotiation process was flawed. They contended that the agreement failed to address key issues such as wages, conditions of employment, and dispute resolution mechanisms in a manner that was fair and equitable. Conversely, JBS Australia Pty Limited maintained that the agreement was the result of a fair negotiation process and that it provided appropriate protections for both employees and the company.
The FWC carefully considered the arguments from both sides. It examined the negotiation process, the content of the agreement, and the implications for the employees. The FWC found that the agreement was negotiated in good faith and that it contained provisions that were fair and reasonable. The Commission concluded that the agreement met the statutory requirements and granted approval, noting that while some concerns raised by the unions were valid, they did not undermine the overall fairness of the agreement. The FWC's decision was grounded in the need to balance the interests of both employers and employees, ensuring that the agreement was not only legally compliant but also practical and sustainable.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.