JBS Australia Pty Limited

[2024] FWCA 2687

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JBS Australia Pty Limited

(AG2024/2200)

JBS AUSTRALIA PTY LIMITED – TOWNSVILLE MAINTENANCE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 19 JULY 2024

Application for approval of the JBS Australia Pty Limited – Townsville Maintenance Enterprise Agreement 2024

JBS Australia Pty Limited has applied for approval of a single enterprise agreement known as the JBS Australia Pty Limited – Townsville Maintenance Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 26 July 2024. The nominal expiry date of the Agreement is 19 July 2027.

The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, JBS Australia Pty Limited, sought approval for the JBS Australia Pty Limited – Townsville Maintenance Enterprise Agreement 2024. The applicant argued that the agreement was made in good faith and was intended to provide for the employees' proper remuneration, conditions of employment and other terms and circumstances of employment. The respondent, the Meat and Food Trades Union, opposed the application, contending that the agreement did not comply with certain provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The legal issues before the court were whether the agreement contained all the required terms, was made in good faith, and whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court considered whether the agreement contained all the required terms, including the minimum standards set out in the Fair Work Act 2009, and whether it was made in good faith. The court also considered whether the agreement complied with the relevant legislation and if the application was in the interests of the employees.

The Fair Work Commission found that the agreement contained all the required terms and was made in good faith. The court noted that the agreement provided for proper remuneration, conditions of employment and other terms and circumstances of employment. The court also found that the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission was satisfied that the application was in the interests of the employees and approved the agreement. The Commission found that the agreement provided for proper remuneration, conditions of employment and other terms and circumstances of employment. The Commission was satisfied that the application was in the interests of the employees.

The Fair Work Commission approved the JBS Australia Pty Limited – Townsville Maintenance Enterprise Agreement 2024. The Commission found that the agreement contained all the required terms, was made in good faith, and complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission was satisfied that the application was in the interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established