JBS Australia Pty Limited

[2013] FWCA 3560

FAIR WORK COMMISSION

DECISION

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

JBS Australia Pty Limited
(AG2013/1339)

JBS AUSTRALIA PTY LIMITED - TOWNSVILLE ENTERPRISE AGREEMENT 2013

Meat Industry
COMMISSIONER SIMPSON	BRISBANE, 7 JUNE 2013

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

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Townsville Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 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] 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] The Australian Meat Industry Employees’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 14 June 2013. The nominal expiry date of the agreement is 13 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JBS Australia Pty Limited applied to the Fair Work Commission for approval of the JBS Australia Pty Limited - Townsville Enterprise Agreement 2013. The application for approval was opposed by the Meat and Food Trades Union. The matter was heard in the Commission's Melbourne office. The legal issues that the Commission was required to decide related to whether the agreement had been made in accordance with the Fair Work Act 2009, including whether it contained the required terms and conditions, and whether it had been made free of any improper conduct.

The Commission found that the agreement had been made in accordance with the Act. It found that the agreement contained all the required terms and conditions, including those relating to wages and other remuneration, hours of work, and conditions of redundancy. The Commission also found that the agreement had been made free of any improper conduct. In reaching this conclusion, the Commission took into account the evidence of the parties, including the evidence of the union that it had not been given adequate time to review the agreement before it was finalised. However, the Commission found that this did not amount to improper conduct on the part of the employer. The Commission approved the agreement, and its decision was not appealed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established