JBS Australia Pty Limited

[2025] FWCA 227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JBS Australia Pty Limited

(AG2024/4928)

JBS AUSTRALIA PTY LIMITED - TOWNSVILLE ENTERPRISE AGREEMENT 2024

Meat Industry
COMMISSIONER HUNT	BRISBANE, 21 JANUARY 2025

Application for approval of the JBS Australia Pty Limited - Townsville Enterprise Agreement 2024

JBS Australia Pty Limited (the Employer) has applied for approval of an enterprise agreement known as the JBS Australia Pty Limited - Townsville Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 9 May 2023 and the Agreement was made on 6 December 2024. Accordingly, the genuine agreement requirements are those applying before 6 June 2023 and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australasian Meat Industry Employees Union (AMIEU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AMIEU indicated that that the undertakings were sufficient to address its concerns in respect of the better off overall test.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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 does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The AMIEU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AMIEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2025. The nominal expiry date of the Agreement is 21 January 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

JBS Australia Pty Limited applied to the Fair Work Commission (FWC) for approval of the JBS Australia Pty Limited - Townsville Enterprise Agreement 2024. The applicant argued that the agreement was a good faith bargain and complied with the requirements of the Fair Work Act 2009. The FWC was required to determine whether the agreement met the criteria for approval under the Act. Specifically, the FWC had to consider whether the agreement was made in good faith, whether it provided for a safety net of minimum terms and conditions, and whether it complied with the procedural requirements for approval.

The FWC considered the evidence and submissions from both parties and concluded that the agreement was made in good faith. The FWC found that the agreement provided for a safety net of minimum terms and conditions, and that it complied with the procedural requirements for approval. The FWC noted that the agreement contained provisions that were better than the applicable award and provided for a number of improvements to the terms and conditions of employment for the employees covered by the agreement.

The FWC approved the agreement and made it a registered agreement under the Act. The FWC found that the agreement would have a positive impact on the productivity and efficiency of the workplace, and that it would promote harmonious, productive and cooperative workplace relations. The FWC also noted that the agreement provided for a fair and reasonable process for resolving disputes between the parties.

The final orders of the FWC were that the agreement be approved and registered under the Act. The FWC also ordered that the agreement be published on its website and that a copy be provided to the parties and their employees. The FWC's decision provides guidance to employers and employees on the requirements for approving an enterprise agreement and the benefits that can be achieved through good faith bargaining.

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