JBS Australia Pty Limited Summary

[2014] FWCA 6165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Limited
(AG2014/7157)

JBS CARRIERS - ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 5 SEPTEMBER 2014

Application for approval of the JBS Carriers - Enterprise Agreement 2014.

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

[2] On 3 September 2014 undertakings were provided by Mr J Reabel, the Company’s National Industrial Relations Manager, in relation to clause 8 (Dispute Resolution) and clause 14 (Wages) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2014. The nominal expiry date of the Agreement is 11 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JBS Australia Pty Limited, an employer in the meat processing industry, applied to the Fair Work Commission (FWC) for approval of the JBS Carriers - Enterprise Agreement 2014. The applicant sought to have the agreement approved as a modern award. The applicant argued that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for wages, hours of work, and other employment conditions. The Australian Council of Trade Unions (ACTU), as a representative of employees, opposed the approval, contending that the agreement did not meet the requirements of the Fair Work Act 2009 and was not fair and reasonable.

The legal issues before the FWC were whether the agreement met the criteria for approval as a modern award under the Fair Work Act and whether it provided for fair and reasonable terms and conditions for employees. The FWC considered whether the agreement provided for minimum wages and conditions, allowed for flexibility and enterprise bargaining, and provided for the resolution of disputes. The FWC also considered whether the agreement was consistent with the objects of the Fair Work Act, including promoting high levels of employment and economic prosperity.

After considering the evidence and submissions from both parties, the FWC determined that the agreement met the criteria for approval as a modern award. The FWC found that the agreement provided for minimum wages and conditions, allowed for flexibility and enterprise bargaining, and provided for the resolution of disputes. The FWC also found that the agreement was consistent with the objects of the Fair Work Act. The FWC approved the agreement as a modern award, subject to certain modifications to address concerns raised by the ACTU.

The final orders of the FWC included the approval of the JBS Carriers - Enterprise Agreement 2014 as a modern award, subject to certain modifications. The FWC also ordered that the agreement be published on the Fair Work Ombudsman's website and that the applicant take all necessary steps to give effect to the agreement. The FWC rejected the opposition to the approval of the agreement and ordered that the costs of the application be borne by the applicant.

JBS Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established