DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2016/1690)

JBS AUSTRALIA PTY LIMITED - BEEF CITY MAINTENANCE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 10 AUGUST 2016

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

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

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement was approved on 10 August 2016 and, in accordance with s.54, will operate from 17 August 2016. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, JBS Australia Pty Limited applied for the approval of the JBS Australia Pty Limited - Beef City Maintenance Enterprise Agreement 2016. The applicant, JBS Australia, is a significant employer in the meat processing industry. The dispute centred on the terms of the proposed enterprise agreement, specifically its implications for employee wages, conditions, and the overall industrial relations framework within JBS Australia. The matter was heard in the Fair Work Commission, Australia’s industrial relations tribunal.

The primary legal issues the court had to decide involved whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. This included examining whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. Additionally, the court needed to determine if the agreement was procedurally sound, particularly in terms of the consultation processes undertaken by the employer. The court also had to consider the impact of the proposed agreement on the employees’ rights and protections.

The Fair Work Commission examined the procedural fairness of the agreement, ensuring that the consultation processes were adequate and that employees had an opportunity to be involved in the negotiation process. The court assessed the terms of the agreement against the criteria set out in the Fair Work Act, including whether they provided for fair and reasonable terms. The court concluded that the agreement was fair and reasonable, and was made in good faith, and that the consultation process was appropriate. The Commission approved the application, finding that the proposed agreement met all statutory requirements.

The final order of the Fair Work Commission was that the JBS Australia Pty Limited - Beef City Maintenance Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. The decision was made on the basis that the agreement was fair, reasonable, and made in good faith, and that the necessary procedural requirements had been met.

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