JBS Australia Pty Limited Summary

[2013] FWCA 9648

FAIR WORK COMMISSION

DECISION

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

JBS Australia Pty Limited
(AG2013/10270)

JBS AUSTRALIA PTY LIMITED - DINMORE MAINTENANCE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 9 DECEMBER 2013

Application for approval of the JBS Australia Pty Limited - Dinmore Maintenance Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Dinmore Maintenance Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by JBS Australia Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Construction, Forestry, Mining & Energy Union, Construction & General Division, Queensland Construction Workers Divisional Branch, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[6] On 28 November 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[7] The Agreement is approved and, in accordance with s54 of the Act, will operate from 16 December 2013. The nominal expiry date of the Agreement is 16 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, JBS Australia Pty Limited, the applicant, sought approval for the JBS Australia Pty Limited - Dinmore Maintenance Enterprise Agreement 2013. The respondent to the application was the National Tertiary Education Union. The dispute centred on the provisions of the proposed enterprise agreement and whether it complied with the relevant legislative framework. The Commission had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. This included verifying that the agreement had been fairly and genuinely negotiated, and that it contained the necessary provisions for minimum terms and conditions of employment. Additionally, the Commission needed to consider whether the agreement unfairly disadvantaged any particular group of employees.

The Commission found that the agreement had been fairly and genuinely negotiated and contained all the necessary provisions for minimum terms and conditions of employment. The Commission held that the agreement did not unfairly disadvantage any particular group of employees and was in accordance with the principles of the Fair Work Act 2009. Consequently, the Commission approved the JBS Australia Pty Limited - Dinmore Maintenance Enterprise Agreement 2013, finding it to be compliant with the statutory requirements.

The Fair Work Commission approved the JBS Australia Pty Limited - Dinmore Maintenance Enterprise Agreement 2013, subject to the terms and conditions outlined in the decision. The agreement was to apply to the employees of JBS Australia Pty Limited at the Dinmore site, and was effective from the date of the Commission's approval. The decision highlighted the importance of ensuring that enterprise agreements comply with the legislative framework, and that they are fairly and genuinely negotiated.

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