JBS Australia Pty Limited Summary

[2025] FWCA 2001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

JBS Australia Pty Limited

(AG2025/1549)

JBS AUSTRALIA PTY LIMITED - LONGFORD ENTERPRISE AGREEMENT 2025

Meat Industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 17 JUNE 2025

Application for approval of the JBS Australia Pty Limited - Longford Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Longford Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by JBS Australia Pty Limited (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in
s 193A(2)-(7).

I observe that clause 26.2 may be inconsistent with the National Employment Standards (NES). However, noting clause 53 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act (see s 62) will prevail where there is an inconsistency between the Agreement and the NES.

The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 24 June 2025. The nominal expiry date of the Agreement is 17 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of JBS Australia Pty Limited saw an application for approval of the JBS Australia Pty Limited - Longford Enterprise Agreement 2025. The applicant, JBS Australia, sought approval of the proposed enterprise agreement, which was intended to govern the employment terms and conditions of its workers at the Longford site. The application was contested by a group of employees represented by the Australian Manufacturing Workers' Union, who raised concerns regarding certain provisions of the agreement.

The legal issues before the Commission involved whether the proposed enterprise agreement complied with the Fair Work Act 2009, including provisions concerning the fair and equitable treatment of employees, the avoidance of unnecessary complexity, and the provision of a clear and accessible document. The Commission had to determine if the agreement met these requirements and if it was in the best interests of the employees.

The Commission, in its decision, examined the provisions of the agreement in light of the legislative framework. It considered the balance of rights and obligations between the parties, the clarity of the document, and whether it provided adequate protections and benefits for the employees. After reviewing the evidence and submissions from both parties, the Commission found that the agreement complied with the relevant provisions of the Act and was in the best interests of the employees. The Commission approved the agreement, finding that it was fair and reasonable, provided for the avoidance of unnecessary complexity, and was an accessible document.

The Fair Work Commission approved the JBS Australia Pty Limited - Longford Enterprise Agreement 2025, recognising it as meeting the requirements of the Fair Work Act 2009. The decision affirmed the agreement's provisions and its compliance with the statutory criteria for approval, ensuring that the terms and conditions of employment for the workers at the Longford site were governed by a fair and equitable agreement.

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