JBS Australia Pty Limited Summary

[2014] FWCA 2101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

JBS Australia Pty Limited
(AG2014/231)

JBS AUSTRALIA - MUNGINDI FEEDLOT ENTERPRISE AGREEMENT 2014

Agricultural industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 28 MARCH 2014

Application for approval of the JBS Australia - Mungindi Feedlot Enterprise Agreement 2014.

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

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

[3] On 27 March 2014 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 4 April 2014. The nominal expiry date of the Agreement is 28 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JBS Australia Pty Limited applied for approval of the JBS Australia - Mungindi Feedlot Enterprise Agreement 2014, which was reached after bargaining with the Australian Meatworkers Union. The applicant sought approval of the agreement under section 232 of the Fair Work Act 2009, with the union and a non-party union, the Transport Workers Union, objecting to the application. The unions argued the agreement failed to meet the 'better off overall test' in section 179 of the Act and contained provisions that were not genuinely agreed upon.

The court examined whether the agreement met the requirements for approval, focusing on the 'better off overall test' and the genuineness of the agreement. The court considered the process of bargaining and the evidence presented by the parties. It also scrutinised specific provisions of the agreement to determine if they were genuinely agreed upon by the parties. The court concluded that the applicant had satisfied the statutory requirements for approval of the agreement.

After evaluating the evidence and arguments presented, the court determined that the agreement was appropriately reached through genuine bargaining and met the 'better off overall test'. The court found that the agreement was fairly and genuinely negotiated and approved the agreement under section 232 of the Fair Work Act 2009. The application was thus successful.

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