JBS Australia Pty Limited
[2023] FWCA 2666
•22 AUGUST 2023
| [2023] FWCA 2666 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
JBS Australia Pty Limited
(AG2023/1519)
JBS AUSTRALIA PTY LIMITED BORDERTOWN PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2023
| Meat Industry | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 22 AUGUST 2023 |
Approval of the JBS Australia Pty Limited - Bordertown Production Employees Enterprise Agreement 2023
An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as JBS Australia Pty Limited Bordertown Production Employees Enterprise Agreement 2023 (Agreement).
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement does not contain a flexibility term which complies with the Act, specifically with s 203(2)(b). Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Australasian Meat Industry Employees Union (AMIEU) 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 August 2023. The nominal expiry date of the Agreement is 22 August 2027.
DEPUTY PRESIDENT
Appearances:
W Ash for JBS Australia Pty Limited.
B Swan with J Smith and E Hennessy for the Australasian Meat Industry Employees Union.
Hearing details:
Melbourne (by Microsoft Teams)
2023
22 August.
Printed by authority of the Commonwealth Government Printer
<AE521216 PR765422>
ANNEXURE A
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