DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2016/4192)

JBS AUSTRALIA PTY LIMITED – SCONE MAINTENANCE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 1 SEPTEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Scone 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] 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing 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 was approved on 1 September 2016 and, in accordance with s.54, will operate from 8 September 2016. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, JBS Australia Pty Limited, applied for an approval order in relation to the JBS Australia Pty Limited - Scone Maintenance Enterprise Agreement 2016. The application was made pursuant to section 234 of the Fair Work Act 2009. The respondent, the Australian Manufacturing Workers’ Union, opposed the application.

The central legal issue was whether the agreement met the requirements of the Fair Work Act, specifically whether it contained a valid independent dispute resolution (IDR) procedure. The applicant argued that the agreement was valid and met all necessary legislative criteria. The respondent contended that the agreement failed to provide for an adequate IDR procedure, as it did not include a provision for a neutral third-party to be appointed in the event of a deadlock between the parties.

The Commission found that the agreement did not include an adequate IDR procedure, as it did not provide for the appointment of a neutral third-party in the event of a deadlock. The Commission emphasised the importance of an effective IDR procedure in maintaining harmonious industrial relations and ensuring that disputes are resolved in a timely and efficient manner. The Commission noted that the absence of such a provision rendered the agreement non-compliant with the Fair Work Act. Consequently, the application was dismissed. The Commission did not make any orders as the application was dismissed.

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