JBS Australia Pty Limited

[2016] FWCA 2248

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JBS Australia Pty Limited

(AG2016/770)

JBS AUSTRALIA PTY LIMITED - RIVERINA BEEF FEEDLOT

MAINTENANCE ENTERPRISE AGREEMENT 2016

Meat Industry

COMMISSIONER ROE

MELBOURNE, 11 APRIL 2016

Application for approval of the JBS Australia Pty Limited - Riverina Beef Feedlot

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 Feedlot 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 Agreement was approved on 11 April 2016 and, in accordance with s.54, will

operate from 18 April 2016. The nominal expiry date of the Agreement is 18 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, JBS Australia Pty Limited applied for the approval of the JBS Australia Pty Limited - Riverina Beef Feedlot Maintenance Enterprise Agreement 2016 (the Agreement). The application was made under section 185 of the Fair Work Act 2009. The Commission was required to determine whether the Agreement met the requirements for approval, including the provisions in sections 186, 187, and 188 of the Act.

The key legal issues before the Commission were whether the Agreement fairly represented the employees and whether it satisfied the relevant provisions of the Fair Work Act. Specifically, the Commission had to ascertain whether the Agreement met the criteria for approval, including the requirement that it was made in good faith and whether it fairly represented the employees. Additionally, the Commission needed to determine whether the Agreement met the requirements for a single enterprise agreement and whether the group of employees was fairly chosen.

The Commission found that the Agreement met the requirements for approval under the Fair Work Act. It was satisfied that the Agreement was made in good faith and that it fairly represented the employees. Furthermore, the Commission concluded that the group of employees was fairly chosen, taking into account the factors in section 186(3) and (3A) of the Act. As a result, the Agreement was approved and will operate from 18 April 2016, with a nominal expiry date of 18 April 2019.

In summary, the Fair Work Commission approved the JBS Australia Pty Limited - Riverina Beef Feedlot Maintenance Enterprise Agreement 2016. The Agreement was found to meet the necessary criteria for approval under the Fair Work Act, and it will operate from 18 April 2016 until 18 April 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established