JBS Australia Pty Limited

[2024] FWCA 2834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JBS Australia Pty Limited

(AG2024/2034)

JBS CARRIERS - ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 2 AUGUST 2024

Application for approval of the JBS Carriers - Enterprise Agreement 2024

JBS Australia Pty Limited has applied for approval of a single enterprise agreement known as the JBS Carriers - Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met. In this regard, the Agreement has been assessed for the purposes of the better off overall test against each of the Meat Industry Award 2020, the Road Transport and Distribution Award 2020 and the Road Transport (Long Distance Operations) Award 2020. There are of course differences between the terms and conditions in the Agreement and relevant applicable terms of the modern awards. I am satisfied that employees will be better off overall under the Agreement than if one of the above modern awards applied to their employment.

The Agreement is approved and will operate from 9 August 2024. The nominal expiry date of the Agreement is 2 August 2028.

The Agreement covers the Transport Workers' Union of Australia.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JBS Australia Pty Limited recently applied to the Fair Work Commission for approval of the JBS Carriers - Enterprise Agreement 2024. The application involved various stakeholders, including the company and its employees, represented by the Transport Workers Union. The primary dispute centred on whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The court was tasked with examining the agreement's compliance with the requirements outlined in the Act, particularly sections that pertain to good faith bargaining, the inclusion of essential terms, and the protection of employee rights. The key issues included whether the agreement was genuinely negotiated, if it contained the necessary minimum terms, and whether it provided adequate protections for employees. The court also needed to ensure that the agreement did not unfairly disadvantage any party and adhered to the statutory obligations designed to maintain industrial peace.

In its decision, the Fair Work Commission assessed the evidence presented regarding the negotiation process and the terms of the agreement. It found that the agreement was the product of genuine bargaining efforts and contained all the required minimum terms. The court further determined that the agreement provided appropriate protections for employees and did not unjustifiably disadvantage any party. Consequently, the Commission approved the JBS Carriers - Enterprise Agreement 2024, finding it compliant with the statutory requirements.

The Commission's final orders confirmed the approval of the agreement, effective from the date specified in the application. This decision ensures that the agreement can be implemented, providing a clear framework for the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established