JBS Australia Pty Limited

[2013] FWCA 6117

FAIR WORK COMMISSION

DECISION

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

JBS Australia Pty Limited
(AG2013/2035)

JBS AUSTRALIA PTY LIMITED - RIVERINA BEEF MAINTENANCE WORKPLACE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 AUGUST 2013

Application for approval of the JBS Australia Pty Limited - Riverina Beef Maintenance Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Riverina Beef Maintenance Workplace Agreement 2013 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers that organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 2 September 2013. The nominal expiry date of the Agreement is 24 July 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved JBS Australia Pty Limited and its employees, with the Fair Work Commission adjudicating on an application for approval of the JBS Australia Pty Limited - Riverina Beef Maintenance Workplace Agreement 2013. The dispute centred on whether the agreement contained provisions that were consistent with the Fair Work Act 2009 and if it met the necessary criteria for approval under the Fair Work legislation. The Commission was required to determine if the agreement, as proposed, would operate fairly and effectively for the employees it covered.

The primary legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act, particularly sections concerning the procedural fairness of the bargaining process and the substantive fairness of the agreement’s terms. The Commission also needed to assess whether the agreement provided for a fair and reasonable set of terms for the employees, ensuring that it did not disadvantage any party unduly. Furthermore, the Commission had to consider if the agreement adequately covered all aspects of employment conditions, including minimum entitlements, without breaching any statutory minimum standards.

The Commission found that the agreement generally met the procedural fairness requirements, as it was the product of genuine and meaningful negotiations between the employer and the employees' representatives. In terms of substantive fairness, the Commission determined that the agreement provided for fair and reasonable terms, including adequate protections and entitlements for the employees. The Commission approved the agreement, noting that it complied with all statutory requirements and adequately protected the interests of both the employer and the employees. The Commission also found that the agreement was in the best interests of the employees and did not disadvantage any party. The final orders confirmed the approval of the JBS Australia Pty Limited - Riverina Beef Maintenance Workplace Agreement 2013, subject to the terms and conditions as outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established