DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2015/393)

JBS AUSTRALIA PTY LIMITED - COBRAM ENTERPRISE AGREEMENT 2015

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 27 APRIL 2015

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

[1] On 27 February 2015, JBS Australia Pty Limited (Applicant) made an application for approval of the JBS Australia Pty Limited - Cobram Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the The Australasian Meat Industry Employees Union (AMIEU) has signed the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The AMIEU, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 4 May 2015. The nominal expiry date of the Agreement is 27 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, JBS Australia Pty Limited applied for the approval of the JBS Australia Pty Limited - Cobram Enterprise Agreement 2015. The dispute arose from the negotiation and subsequent application for approval of a proposed enterprise agreement. The agreement in question was intended to regulate the terms and conditions of employment for employees at the Cobram site of JBS Australia, a major meat processing company.

The legal issues before the Commission involved assessing whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in good faith and if it contained the necessary minimum terms as stipulated by the Act. Concerns were raised about whether the agreement adequately addressed issues such as pay rates, classification, and working conditions.

The Commission considered the evidence and submissions from both parties. It found that the agreement was largely in line with the statutory requirements, although it noted some areas of concern, particularly regarding the classification of employees. After reviewing the evidence and the submissions, the Commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the employees at the Cobram site. The Commission approved the agreement, subject to certain conditions aimed at ensuring compliance with the minimum terms of the relevant award.

The Commission's final orders included the approval of the JBS Australia Pty Limited - Cobram Enterprise Agreement 2015, with the conditions that the agreement would be subject to periodic review and that any changes to the classification of employees must be made in consultation with the relevant trade unions. The decision underscored the importance of ensuring that enterprise agreements meet the statutory standards while also addressing the specific needs of the workforce.

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