DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2016/817)

JBS AUSTRALIA PTY LIMITED – PRIME CITY FEEDLOT ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 27 MAY 2016

Application for approval of the JBS Australia Pty Limited – Prime City Feedlot Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited – Prime City 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. 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 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 was approved on 27 May 2016 and, in accordance with s.54, will operate from 3 June 2016. The nominal expiry date of the Agreement is 3 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JBS Australia Pty Limited, an entity involved in the beef processing industry, sought approval for the JBS Australia Pty Limited – Prime City Feedlot Enterprise Agreement 2016. The matter was brought before the Fair Work Commission. The primary dispute centred around whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it facilitated, promoted, or improved the efficiency, productivity, or profitability of the enterprise, or assisted in adapting the workforce to changes in the enterprise.

The legal issues before the Commission included whether the proposed changes to the employees' conditions were fair and reasonable, and whether the agreement promoted the key objectives of the Act, including the promotion of high wages and high levels of employment. The Commission also considered whether the agreement allowed for flexibility in the workforce and if it provided adequate protections for employees, particularly in relation to redundancies and dismissals.

The Commission carefully weighed the arguments presented by both parties. It determined that the proposed enterprise agreement did indeed meet the statutory requirements. The agreement facilitated productivity and efficiency improvements, and it allowed for necessary flexibility to adapt to the dynamic nature of the beef processing industry. Additionally, it provided adequate protections for employees, ensuring that they were not disadvantaged by the changes. Therefore, the Commission approved the enterprise agreement, finding it to be fair and reasonable under the Act. The approval ensures that the agreement can now be implemented, subject to the provisions of the Fair Work Act.

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