JBS Australia Pty Limited T/A JBS Australia Pty Limited

[2024] FWCA 4306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JBS Australia Pty Limited T/A JBS Australia Pty Limited

(AG2024/4346)

JBS AUSTRALIA PTY LIMITED - SCONE MAINTENANCE ENTERPRISE AGREEMENT 2024

Meat Industry
COMMISSIONER SLOAN	SYDNEY, 4 DECEMBER 2024

Application for approval of the JBS Australia Pty Limited - Scone Maintenance Enterprise Agreement 2024

JBS Australia Pty Limited (“Employer”) has made an application for approval of an enterprise agreement known as the JBS Australia Pty Limited – Scone Maintenance Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (“AMWU”) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy and Services Decision – New South Wales Divisional Branch (“CEPU”) were bargaining representatives for the Agreement. The AMWU supports approval of the Agreement. The CEPU did not file any material in the matter.
On the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The AMWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the AMWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 11 December 2024. The nominal expiry date of the Agreement is 4 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JBS Australia Pty Limited, trading as JBS Australia Pty Limited, brought an application before the Fair Work Commission to approve the JBS Australia Pty Limited - Scone Maintenance Enterprise Agreement 2024. The agreement was proposed to cover employees in the meat processing industry at JBS Australia's Scone facility. The dispute centred around whether the proposed agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The court had to determine if the agreement contained all the mandatory terms specified by the Act, if it was negotiated in good faith, and if it provided for a fair and reasonable system of dispute resolution. Additionally, the court examined whether the agreement met the statutory requirement of being in writing and whether it provided adequate protections for employees.

The Fair Work Commission found that the proposed agreement met all the necessary criteria. The agreement included all mandatory terms, had been negotiated in good faith, and provided a fair and reasonable system of dispute resolution. Furthermore, the agreement was properly documented and provided adequate protections for the employees. The Commission approved the agreement based on these findings.

The final orders of the Commission were that the JBS Australia Pty Limited - Scone Maintenance Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established