JBS Australia Pty Limited

[2023] FWCA 554

[2023] FWCA 554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JBS Australia Pty Limited

(AG2023/11)

JBS Australia Pty Limited - Brooklyn Enterprise Agreement 2022

Meat Industry
COMMISSIONER YILMAZ	MELBOURNE, 21 FEBRUARY 2023

Application for approval of the JBS Australia Pty Limited - Brooklyn Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Brooklyn Enterprise Agreement 2022 (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.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Employer filed an Appendix (Appendix 1) separate to the Agreement that outlined the classification of tasks performed by employees. Noting that the Appendix is referenced in in clause 20.7 of the Agreement, on Monday 20 February 2022 my chambers advised the Employer of my intention to attach this to the Agreement to help clarify the classifications. The Employer confirmed it had no objections. Appendix 1 is taken to be a term of the Agreement.

1. The Australasian 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) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 28 February 2023. The nominal expiry date of the Agreement is 21 February 2027.

COMMISSIONER

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<AE519255  PR750938>

Annexure A