JBS Australia Pty Limited Summary

[2018] FWCA 5540

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

JBS Australia Pty Limited

(AG2018/1034)

JBS Australia Pty Limited - Rockhampton Enterprise Agreement 2017

Meat Industry
Deputy President Colman	MELBOURNE, 4 SEPTEMBER 2018

Application for approval of the JBS Australia Pty Limited - Rockhampton Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Rockhampton Enterprise Agreement 2017 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 4 September 2018 and, in accordance with s.54, will operate from 11 September 2018. The nominal expiry date of the Agreement is 3 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, JBS Australia Pty Limited applied for the approval of the JBS Australia Pty Limited - Rockhampton Enterprise Agreement 2017. The application for approval was made by the employer under section 233 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to assess if the agreement contained the necessary good faith bargaining provisions, if it was made in accordance with the relevant provisions of the Act, and if it was in the best interests of the employees.

The Commission examined the procedural fairness of the bargaining process and the content of the agreement. It was necessary to determine if there was genuine and meaningful bargaining between the parties, and if the agreement reflected the outcomes of that bargaining. The Commission also assessed if the agreement contained the mandatory terms and conditions prescribed by the Act and if it provided for the protection of employee rights. Furthermore, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees, including their wages and conditions of employment.

After reviewing the evidence and arguments presented by both parties, the Fair Work Commission found that the agreement met the requirements for approval. The Commission was satisfied that there had been genuine and meaningful bargaining between the parties, and that the agreement reflected the outcomes of that bargaining. The Commission also found that the agreement contained the mandatory terms and conditions prescribed by the Act, and that it provided for the protection of employee rights. Additionally, the Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees, including their wages and conditions of employment.

The Fair Work Commission approved the JBS Australia Pty Limited - Rockhampton Enterprise Agreement 2017. The Commission determined that the agreement was made in accordance with the relevant provisions of the Fair Work Act, and that it was in the best interests of the employees. The agreement was approved on the basis that it contained the necessary good faith bargaining provisions, and that it provided for fair and reasonable terms and conditions for the employees.

JBS Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established