JBS Australia Pty Limited

[2014] FWCA 8688

[2014] FWCA 8688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2014/7887)

JBS AUSTRALIA PTY LIMITED - BROOKLYN ENTERPRISE AGREEMENT 2014

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 2 DECEMBER 2014

Application for approval of the JBS Australia Pty Limited - Brooklyn Enterprise Agreement 2014.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the JBS Australia Pty Limited - Brooklyn Enterprise Agreement 2014 (the Agreement). The application has been made by JBS Australia Pty Limited (JBS Australia). The Agreement is a single-enterprise agreement.

[2] The application for approval of this Agreement was filed by Ms Jaana Molloy of JBS Australia on 16 October 2014.

[3] On reading the terms of the Agreement, I became concerned that the Agreement did not pass the better off overall test when compared to the terms and conditions contained within the Meat Industry Award 2010 (the Award). I have accepted a number of undertakings from JBS Australia which remedy my concerns with the Agreement. The undertakings are attached as Attachment A. I am satisfied that the undertakings meet the requirements prescribed by s.190 of the Act. In addition, JBS Australia has provided a clarification in relation to the Incentive Payment System, also attached as Attachment A.

[4] The Australasian Meat Industry Employees Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is three years after that date.

COMMISSIONER

Attachment A:

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