DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2015/4360)

JBS AUSTRALIA PTY LIMITED - LONGFORD ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 7 SEPTEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Limited – Longford 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 Australasian Meat Industry Employees Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2015. The nominal expiry date of the Agreement is 6 September 2019.

COMMISSIONER

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 - Longford Enterprise Agreement 2015. The application was contested by the Meat & Food Trades Union, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission, presided over by Deputy President Bell.

The primary legal issue was whether the Enterprise Agreement complied with section 235 of the Act, which requires that the agreement must be in writing, be free from coercion or undue influence, and be fairly and properly negotiated. A secondary issue was whether the agreement adequately addressed the rights and obligations of employees, including those related to wages, conditions of employment, and dispute resolution mechanisms. The Court was required to determine whether the agreement met these statutory criteria and if it was fair and reasonable in the circumstances.

The Fair Work Commission examined the negotiation process and contents of the agreement in detail. It found that the agreement was in writing and free from coercion or undue influence, as evidenced by the documentation and testimonies provided. The Commission also considered the fairness and reasonableness of the agreement, taking into account the economic context, the bargaining power of the parties, and the specific terms of the agreement. Ultimately, the Commission concluded that the agreement was fairly and properly negotiated and met the requirements of the Act. The Commission approved the agreement, highlighting that it provided a fair and reasonable framework for the employment relationship.

No further orders were made by the Commission beyond the approval of the Enterprise Agreement. The decision stands as a clear endorsement of the negotiated terms, provided that the parties adhere to the agreement as approved.

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