JBS Australia Pty Limited T/A JBS Australia Pty Limited

[2023] FWCA 734

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JBS Australia Pty Limited T/A JBS Australia Pty Limited

(AG2023/414)

JBS Australia Pty Limited - Cobram Enterprise Agreement 2023

Meat Industry
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 10 MARCH 2023

Application for approval of the JBS Australia Pty Limited - Cobram Enterprise Agreement 2023

JBS Australia Pty Limited has applied for approval of an enterprise agreement known as the JBS Australia Pty Limited - Cobram Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I observe that clause 21.1 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2023. The nominal expiry date of the Agreement is 9 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JBS Australia Pty Limited, trading as JBS Australia Pty Limited, brought an application to the Fair Work Commission for approval of the JBS Australia Pty Limited - Cobram Enterprise Agreement 2023. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly focusing on the agreement's compliance with the provisions concerning genuine bargaining and its fairness to the employees involved. The Fair Work Commission was tasked with determining if the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions for the employees.

The legal issues before the Commission included whether the negotiations leading to the agreement were conducted in good faith, the extent to which the agreement reflected the outcome of genuine bargaining, and whether the terms of the agreement were fair and reasonable in the context of the employees' employment. The Commission had to assess submissions from both the employer and the employees' representatives to determine if the agreement was appropriately reflective of the bargaining process and adequately protected the employees' interests.

In examining the submissions, the Commission found that the negotiation process was conducted in good faith, and the agreement reflected the outcome of genuine bargaining. The Commission also concluded that the terms of the agreement were fair and reasonable, taking into account the overall context of the employees' employment and the economic conditions affecting the industry. Based on these findings, the Commission approved the agreement, recognising its compliance with the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The Fair Work Commission approved the JBS Australia Pty Limited - Cobram Enterprise Agreement 2023, determining that it met the necessary criteria for genuine bargaining and fairness. This decision allows the agreement to come into effect, providing the terms and conditions of employment for the employees involved as per the approved terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established