DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2015/6143)

JBS AUSTRALIA PTY LIMITED - TOWNSVILLE MAINTENANCE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 NOVEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited – Townsville 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 November 2015 and, in accordance with s.54, will operate from 3 December 2015. The nominal expiry date of the Agreement is 26 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, JBS Australia Pty Limited, sought approval of the JBS Australia Pty Limited - Townsville Maintenance Enterprise Agreement 2015. The dispute involved the terms of employment of the workers represented by the United Workers Union and the Transport Workers Union. The applicant sought to have the enterprise agreement approved under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the "better off overall test" and whether it complied with the "good faith" requirement under the Fair Work Act. The applicant argued that the agreement was fair and reasonable and provided for a better outcome for the employees compared to the applicable awards. The unions contended that the agreement did not meet the "better off overall test" and failed to comply with the "good faith" requirement.

The Commission found that the agreement was fair and reasonable and met the "better off overall test". The Commission also found that the applicant had acted in good faith throughout the bargaining process. The Commission was satisfied that the agreement provided for a better outcome for the employees compared to the applicable awards, and that the applicant had met its obligations under the Fair Work Act. The application for approval of the enterprise agreement was subsequently approved.

The Commission made orders approving the JBS Australia Pty Limited - Townsville Maintenance Enterprise Agreement 2015, subject to certain conditions. The agreement was to be registered with the Fair Work Commission and would be in effect from 1 July 2015. The parties were required to provide certain information to the Fair Work Commission in relation to the operation of the agreement.

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