JBS Australia Pty Limited

[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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JBS Australia Pty Limited recently sought approval of the JBS Australia Pty Limited – Brooklyn Enterprise Agreement 2022 from the Fair Work Commission. The agreement, which was to govern the employment conditions of workers at the JBS beef processing facility in Brooklyn, Victoria, was opposed by the Australian Manufacturing Workers’ Union (AMWU). The AMWU raised concerns about several aspects of the agreement, including provisions relating to employee entitlements, the introduction of new shift patterns, and the process for resolving workplace disputes.

The Fair Work Commission was tasked with determining whether the agreement was in the public interest and whether it provided for fair and equitable terms and conditions of employment. The Commission had to consider whether the proposed changes to employee entitlements and shift patterns would negatively impact the workers' rights and whether the dispute resolution mechanisms were adequate. Additionally, the Commission had to assess whether the agreement complied with relevant legislation and the principles of procedural fairness.

In its decision, the Commission found that the proposed agreement generally provided for fair and equitable terms and conditions of employment. It determined that the changes to employee entitlements and shift patterns would not adversely affect the workers' rights and that the dispute resolution mechanisms were adequate. The Commission also concluded that the agreement complied with relevant legislation and the principles of procedural fairness. Consequently, the Commission approved the agreement, finding that it was in the public interest and would facilitate improved productivity and efficiency in the workplace.

The Fair Work Commission's decision to approve the JBS Australia Pty Limited – Brooklyn Enterprise Agreement 2022 marked a significant step forward in the ongoing efforts to modernise industrial relations in Australia. By approving the agreement, the Commission has recognised the need for flexibility and adaptability in the workplace, while also ensuring that workers' rights are protected. The approval of this agreement is likely to set a precedent for future enterprise agreements and will be closely watched by employers, employees, and industrial relations experts alike.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established