DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2016/1765)

JBS AUSTRALIA PTY LIMITED - RIVERINA BEEF FEEDLOT ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 7 OCTOBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Riverina Beef Feedlot 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] 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, 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 Australian Workers’ 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2016. The nominal expiry date of the Agreement is 6 October 2020.

COMMISSIONER

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 National Union of Workers, representing employees at the Riverina Beef Feedlot Enterprise. The matter came before the Fair Work Commission, which was required to approve the Enterprise Agreement between the parties. The union had applied for the agreement to be certified as the parties had been unable to resolve their differences through negotiation.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was a "good faith" bargain, whether it provided for proper protections for employees, and whether it complied with the provisions of the Act. The Commission also had to consider whether the agreement was in the best interests of the employees.

The Fair Work Commission found that the agreement was a genuine bargain made in good faith. It also found that the agreement provided for proper protections for employees, including provisions for minimum wages, leave entitlements, and other working conditions. The Commission concluded that the agreement was in the best interests of the employees and approved it. The Commission noted that the agreement had been negotiated over a long period of time and that both parties had made concessions to reach a final agreement.

The Fair Work Commission approved the JBS Australia Pty Limited - Riverina Beef Feedlot Enterprise Agreement 2016, subject to certain modifications to address minor technical issues. The modifications did not affect the overall fairness of the agreement. The Commission determined that the agreement met all the legal requirements and was in the best interests of the employees. The approval of the agreement will provide certainty and stability for both the employer and employees in the Riverina Beef Feedlot Enterprise.

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