JBS Australia Pty Limited

[2018] FWCA 538

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

JBS Australia Pty Limited

(AG2017/4204)

JBS Australia- Mungindi Feedlot Enterprise Agreement 2017

Meat Industry
Commissioner Saunders	NEWCASTLE, 25 JANUARY 2018

Application for approval of the JBS Australia - Mungindi Feedlot Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the JBS Australia - Mungindi Feedlot 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 (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, 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 is approved and, in accordance with s.54 of the Act, will operate from 1 February 2018. The nominal expiry date of the Agreement is 24 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of JBS Australia Pty Limited involves an application for approval of the JBS Australia - Mungindi Feedlot Enterprise Agreement 2017. The applicant, JBS Australia, sought approval from the Fair Work Commission (FWC) of the proposed enterprise agreement. The respondent, Australian Workers' Union (AWU), opposed the approval of the agreement. The dispute centred on various aspects of the agreement, including the classification of workers, wage rates, and other employment conditions.

The primary legal issue before the FWC was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The FWC had to determine if the agreement provided for a fair and efficient workplace, and if it contained appropriate mechanisms for dispute resolution and compliance. The FWC also considered whether the agreement had been genuinely negotiated between the parties and if it met the requirements of procedural fairness.

After reviewing the evidence and submissions from both parties, the FWC determined that the agreement met the necessary criteria for approval. The FWC found that the agreement provided for fair and efficient workplace arrangements, and contained appropriate mechanisms for dispute resolution and compliance. The FWC also concluded that the agreement had been genuinely negotiated and met the requirements of procedural fairness. As a result, the FWC approved the JBS Australia - Mungindi Feedlot Enterprise Agreement 2017.

The FWC's decision to approve the agreement was based on its finding that the agreement provided for fair and efficient workplace arrangements, and contained appropriate mechanisms for dispute resolution and compliance. The FWC also found that the agreement had been genuinely negotiated and met the requirements of procedural fairness. The approval of the agreement ensures that the terms and conditions of employment for the workers at the Mungindi Feedlot are governed by a legally binding agreement, providing certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established