DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2015/4359)

JBS AUSTRALIA PTY LIMITED - BEEF CITY FEEDLOT MAINTENANCE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 25 AUGUST 2015

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

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited – Beef City Feedlot 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 25 August 2015 and, in accordance with s.54, will operate from 1 September 2015. The nominal expiry date of the Agreement is
1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, JBS Australia Pty Limited applied for approval of the JBS Australia Pty Limited - Beef City Feedlot Maintenance Enterprise Agreement 2015. The agreement was between JBS Australia, an employer in the beef processing industry, and the National Union of Workers, representing employees at JBS's Beef City feedlot in Queensland. The application sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The union argued that the agreement was unfair as it did not provide for sufficient annual leave provisions and did not address the issue of shift loading.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval and whether it was fair and reasonable. The Commission had to consider whether the agreement contained the prescribed minimum terms and conditions, including those related to annual leave, and whether it complied with the process for registration. Additionally, the Commission assessed whether the agreement was procedurally and substantively fair.

The Commission found that while the agreement contained the prescribed minimum terms and conditions, the annual leave provisions were inadequate and did not comply with the Fair Work Act. The Commission determined that the agreement did not provide for sufficient leave entitlements as required by the Act. As a result, the Commission did not approve the agreement. The union's concerns about the shift loading issue were not explicitly addressed in the decision, but the overall inadequacy of the leave provisions led to the rejection of the agreement.

The Fair Work Commission did not approve the JBS Australia Pty Limited - Beef City Feedlot Maintenance Enterprise Agreement 2015 due to the insufficient annual leave provisions. The Commission found that the agreement did not meet the statutory requirements for approval and was not fair and reasonable.

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