JBS Australia Pty Limited

[2022] FWCA 3171

[2022] FWCA 3171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JBS Australia Pty Limited

(AG2022/3681)

JBS Australia Pty Limited - Bordertown Maintenance Employees Enterprise Agreement 2022

Meat Industry
COMMISSIONER PLATT	ADELAIDE, 13 SEPTEMBER 2022

Application for approval of the JBS Australia Pty Limited – Bordertown Maintenance Employees Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited – Bordertown Maintenance Employees Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by JBS Australia Pty Limited (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 8 September 2022 and was determined on the papers.

1. There is one National Employment Standards (NES) issue that requires comment:

·  Clause 30.4 of the Agreements states that notification of paid personal/carer’s leave should be prior to the commencement of the employee’s rostered ordinary hours on the first day of absence. Section 107(2) of the Act, however, states that notice must be given as soon as practicable (which may be a time after the leave has started).  

1. Clause 42 of the Agreement acts as an effective NES precedence clause, in that it states that where there is inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES will apply to the extent of the inconsistency. As a result of the NES precedence clause, clause 30.4 of the Agreement will not apply to the extent that it is inconsistent with the NES.

1. The Australia 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. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. In accordance with clause 5 of the Agreement, the nominal expiry date is 12 September 2026, being four years from the date of approval.

COMMISSIONER

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