DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2015/7218)

JBS AUSTRALIA PTY LIMITED - FOODPARTNERS MAINTENANCE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 19 FEBRUARY 2016

Application for approval of the JBS Australia Pty Limited - Foodpartners Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Foodpartners Maintenance Enterprise Agreement 2015 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2016. The nominal expiry date of the Agreement is 25 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JBS Australia Pty Limited applied to the Fair Work Commission for approval of the JBS Australia Pty Limited - Foodpartners Maintenance Enterprise Agreement 2015. The application was made under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval under the Act, specifically whether it provided for fair and reasonable terms and conditions of employment, and whether it included appropriate processes for employee representation and dispute resolution.

The legal issues the court needed to address were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it included appropriate processes for employee representation and dispute resolution. The court had to consider the provisions of the agreement, the evidence presented by the parties, and the relevant provisions of the Fair Work Act. The court also had to ensure that the agreement did not discriminate against any particular group of employees and that it complied with any relevant awards or registered agreements.

The court found that the agreement provided for fair and reasonable terms and conditions of employment and included appropriate processes for employee representation and dispute resolution. The court noted that the agreement provided for a range of benefits, including paid leave, overtime rates, and shift penalties. The court also found that the agreement included appropriate processes for employee representation and dispute resolution, including provisions for the establishment of a joint consultative committee and a dispute resolution procedure. The court concluded that the agreement met the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the JBS Australia Pty Limited - Foodpartners Maintenance Enterprise Agreement 2015, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included the addition of a clause requiring the employer to provide employees with a written statement of their employment conditions and a clause prohibiting discrimination against employees on the basis of their union membership or activities. The court noted that the modifications did not significantly alter the terms and conditions of employment provided for in the agreement and that they were necessary to ensure compliance with the 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