DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2015/4456)

JBS AUSTRALIA PTY LIMITED – BEEF CITY FEEDLOT ENTERPRISEAGREEMENT 2015

Meat Industry
DEPUTY PRESIDENT ASBURY	SYDNEY, 16 SEPTEMBER 2015

Application for approval of the JBS Australia Pty Limited - Beef City Feedlot Enterprise Agreement 2015.

[1] JBS Australia Pty Limited applies for approval of an enterprise agreement known as the JBS Australia Pty Limited - Beef City Feedlot Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] On 7 September 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] 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.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 23 September 2015. The nominal expiry date of the Agreement is 23 September 2018.

DEPUTY PRESIDENT

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 Beef City Feedlot Enterprise Agreement 2015. The dispute arose from negotiations between the company and the United Workers Union, representing the employees of the Beef City Feedlot. The application was brought before the Commission to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues centred on whether the agreement provided for terms and conditions that were better off overall than the relevant award or safety net award, and whether it was certified as a single interest employer agreement. Additionally, the Commission had to consider whether the agreement contained terms that were contrary to public policy or that failed to comply with the procedural requirements of the Act.

In delivering the decision, the Commission found that the agreement met the better off overall test and was certified as a single interest employer agreement. The Commission noted that the agreement provided for improved wages and conditions for the employees, and contained no terms that were contrary to public policy. Furthermore, the Commission was satisfied that the agreement complied with the procedural requirements of the Act, including the provision of a copy of the agreement to each employee and the opportunity for employees to vote on the agreement. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the JBS Australia Pty Limited - Beef City Feedlot Enterprise Agreement 2015, effective from 1 April 2015. The approval was subject to the agreement being registered with the Registrar of the Fair Work Commission within 28 days of the decision. The decision provides certainty for both the employer and the employees, and ensures that the terms and conditions of employment are governed by a modern and fair enterprise 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