DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2018/993)

JBS AUSTRALIA PTY LIMITED - ROCKHAMPTON MAINTENANCE ENTERPRISE AGREEMENT 2018

Meat Industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JULY 2018

Application for approval of the JBS Australia Pty Limited - Rockhampton MaintenanceEnterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Rockhampton MaintenanceEnterprise 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, 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.

[4] The Agreement was approved on 25 July 2018 and, in accordance with s.54, will operate from 1 August 2018. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JBS Australia Pty Limited applied to the Fair Work Commission for approval of the JBS Australia Pty Limited - Rockhampton Maintenance Enterprise Agreement 2018. The application was opposed by the Queensland Building and Construction General On-Site Workers Union. The dispute centred on whether the agreement provided adequate protections for employees and whether it complied with the Fair Work Act 2009.

The Commission considered whether the agreement met the criteria for being a simple, single-enterprise agreement and whether it provided fair and reasonable terms for the employees. Key issues included whether the agreement adequately addressed pay rates, penalty rates, and the process for resolving disputes. The Commission also examined whether the agreement contained provisions that were not materially better off or materially worse off for the employees.

The Commission found that the agreement was a simple, single-enterprise agreement and that it provided fair and reasonable terms for the employees. The Commission determined that the agreement met the requirements of the Fair Work Act and was approved. The Commission concluded that the agreement provided adequate protections for employees and that it was not materially worse off for them.

The Fair Work Commission approved the JBS Australia Pty Limited - Rockhampton Maintenance Enterprise Agreement 2018. The Commission found that the agreement provided fair and reasonable terms for employees and met the criteria for approval under the Fair Work Act. The Commission's decision was based on a thorough examination of the agreement's provisions and their impact on the employees. The approval of the agreement is a significant outcome for both the employer and the employees, as it provides certainty and stability in their working relationship.

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