DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2016/5898)

JBS AUSTRALIA PTY LIMITED – RIVERINA BEEF MAINTENANCE ENTERPRISE AGREEMENT 2016

Meat Industry
COMMISSIONER ROE	MELBOURNE, 2 NOVEMBER 2016

Application for approval of the JBS Australia Pty Limited - Riverina Beef Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Riverina Beef Maintenance Enterprise Agreement 2016. (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 2 November 2016 and, in accordance with s.54, will operate from 9 November 2016. The nominal expiry date of the Agreement is 9 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of JBS Australia Pty Limited, the Fair Work Commission was presented with an application for the approval of the JBS Australia Pty Limited - Riverina Beef Maintenance Enterprise Agreement 2016. The dispute centred around the fairness and appropriateness of the proposed terms and conditions as outlined in the enterprise agreement. The applicant, JBS Australia, sought to have the agreement approved under the Fair Work Act 2009, which mandates that enterprise agreements be free from coercion, contain only permissible provisions, and ensure that employees are not worse off financially.

The legal issues before the Commission included whether the agreement contained only permissible provisions, whether it had been made without coercion, and whether it ensured that employees were not worse off. The Commission had to examine the contents of the agreement, including provisions on wages, hours of work, leave, and other employment conditions, to determine if they complied with the legislative requirements. Additionally, the Commission considered submissions from both parties regarding the process by which the agreement was negotiated and whether it adhered to the principles of good faith bargaining.

In reaching its decision, the Commission undertook a detailed analysis of the agreement and the evidence presented by both parties. The Commission found that the agreement contained permissible provisions, was free from coercion, and ensured that employees would not be worse off financially. The Commission noted the extensive consultation process undertaken by the parties and accepted that the agreement reflected a genuine attempt to negotiate in good faith. Consequently, the Commission approved the enterprise agreement, confirming that it met the statutory requirements and was fair and appropriate for the purposes of the Act.

The final orders of the Commission were that the JBS Australia Pty Limited - Riverina Beef Maintenance Enterprise Agreement 2016 be approved, with the approval to take effect from the date of the decision. This approval signified the Commission's endorsement of the agreement as a legally binding framework for the employment relationship between JBS Australia and its employees covered by the agreement.

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