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:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JBS Australia Pty Limited applied to the Fair Work Commission for the approval of the JBS Australia Pty Limited - Brooklyn Enterprise Agreement 2014. The applicant sought to have the agreement approved under the Fair Work Act 2009, and the respondents, including various unions and employees, contested the application. The central issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it had been negotiated in good faith, whether it contained mandatory terms, and whether it was in the best interests of the employees.

The Commission examined the process by which the agreement was negotiated and the terms contained within it. It considered the evidence provided by both the applicant and the respondents regarding the negotiation process. The Commission found that the negotiation process was conducted in good faith and that the agreement contained terms that were fair and reasonable. The Commission also determined that the agreement did not include any mandatory terms that would preclude its approval. Additionally, the Commission assessed whether the agreement was in the best interests of the employees and concluded that it was, given the benefits it provided to the workforce.

As a result of its findings, the Commission approved the JBS Australia Pty Limited - Brooklyn Enterprise Agreement 2014. The approval was based on the determination that the agreement complied with the statutory requirements under the Fair Work Act 2009 and was in the best interests of the employees. The Commission's decision was final and binding, and the agreement was thus approved for implementation.

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