DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Ltd
(AG2021/3922)

JBS AUSTRALIA PTY LIMITED – SCONE MAINTENANCE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 3 MARCH 2021

Application for approval of the JBS Australia Pty Limited - Scone Maintenance Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Scone Maintenance Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 March 2021. The nominal expiry date of the Agreement is 9 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, JBS Australia Pty Ltd, sought approval for the Scone Maintenance Enterprise Agreement 2020 from the Fair Work Commission. The application involved the terms and conditions of employment for employees in the maintenance department of JBS's Scone plant. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The legal issues included whether the agreement contained all the mandated terms and conditions, was made in good faith, and complied with the procedural requirements for bargaining.

The Commission considered the evidence and submissions provided by both parties. It found that the agreement did include all required terms and conditions and was made in good faith. The Commission also concluded that the bargaining process complied with the necessary procedural requirements. Given these findings, the Commission determined that the agreement was fair and appropriate for approval. The application for approval was accordingly successful.

The Fair Work Commission approved the JBS Australia Pty Limited - Scone Maintenance Enterprise Agreement 2020, effective from the date of the decision. This approval means that the terms and conditions outlined in the agreement will govern the employment of the relevant employees until the agreement's expiry or until it is replaced by a new agreement.

JBS Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established