Jbs Australia Pty Limited T/A Jbs Australia Pty Limited

[2024] FWCA 2822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Jbs Australia Pty Limited T/A Jbs Australia Pty Limited

(AG2024/2760)

JBS AUSTRALIA PTY LIMITED - ROCKHAMPTON MAINTENANCE ENTERPRISE AGREEMENT 2024

Meat Industry
COMMISSIONER DURHAM	BRISBANE, 31 JULY 2024

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

An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Rockhampton Maintenance Enterprise Agreement 2024 (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 T/A JBS Australia Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of JBS Australia Pty Limited T/A JBS Australia Pty Limited, the Fair Work Commission was presented with an application for the approval of the JBS Australia Pty Limited – Rockhampton Maintenance Enterprise Agreement 2024. This agreement pertains to the terms and conditions of employment for employees of JBS Australia at their Rockhampton facility. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the application required the Commission to determine if the agreement contained all the mandated terms and conditions, and whether it had been fairly negotiated.

The primary legal issue before the Commission was whether the enterprise agreement satisfied the statutory criteria for approval. This included ensuring the agreement contained all the prescribed minimum terms and conditions, and that it had been genuinely negotiated between the employer and the employees' representatives. The Commission had to consider the nature of the bargaining process and whether the agreement reflected the outcome of that process. Additionally, the Commission needed to assess whether the agreement was consistent with the Fair Work Act’s objectives, particularly in relation to promoting high standards of employment.

Upon review, the Commission determined that the JBS Australia Pty Limited – Rockhampton Maintenance Enterprise Agreement 2024 met the statutory requirements for approval. The agreement included all the necessary minimum terms and conditions, and the evidence demonstrated that it was the product of genuine negotiations between the parties. The Commission was satisfied that the agreement reflected the outcome of a fair and transparent bargaining process. Consequently, the Commission approved the agreement, finding it to be consistent with the objectives of the Fair Work Act.

The Fair Work Commission granted approval for the JBS Australia Pty Limited – Rockhampton Maintenance Enterprise Agreement 2024, effective from the date of the decision. The agreement was deemed to provide adequate terms and conditions for the employees and to have been negotiated in good faith. This decision finalised the approval process, allowing the agreement to come into effect as planned.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established