DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2017/5315)

JBS AUSTRALIA PTY LIMITED - DINMORE ENTERPRISE AGREEMENT 2017

Meat Industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 MAY 2018

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

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

[2] The Applicant 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 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.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved JBS Australia Pty Limited, an employer, and the Australian Workers' Union, the representative of the employees, concerning the application for approval of the JBS Australia Pty Limited - Dinmore Enterprise Agreement 2017. The application was heard by the Fair Work Commission in Australia. The crux of the dispute was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, specifically regarding minimum wages and entitlements.

The primary legal issues the court had to address were whether the proposed agreement adequately provided for the minimum rates of pay and conditions for employees and whether it complied with the requirements for approval under the Fair Work Act. Additionally, the court had to consider whether the agreement was in the best interests of the employees and whether it was fair and reasonable.

The court meticulously reviewed the agreement against the statutory requirements and found that it met the necessary criteria for approval. It determined that the agreement provided for minimum rates of pay that aligned with the relevant award and legislative standards. Furthermore, the court concluded that the agreement was fair and reasonable, taking into account the nature of the industry and the bargaining positions of the parties. The court also noted that the agreement included provisions for dispute resolution and other employee protections, which were in line with the objectives of the Fair Work Act.

As a result of this decision, the Fair Work Commission approved the JBS Australia Pty Limited - Dinmore Enterprise Agreement 2017. The agreement was thereby registered, and the terms and conditions it contained became legally binding between JBS Australia Pty Limited and the employees represented by the Australian Workers' Union.

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