DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Ltd
(AG2020/961)

JBS AUSTRALIA PTY LIMITED – PRIME CITY FEEDLOT ENTERPRISE AGREEMENT 2020

Meat Industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 MAY 2020

Application for approval of the JBS Australia Pty Limited - Prime City Feedlot Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the JBS Australia Pty Limited - Prime City Feedlot Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by JBS Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 5 May 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Pastoral Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2020. The nominal expiry date of the Agreement is 26 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved JBS Australia Pty Ltd and the Australian Workers Union, where the union sought approval for a proposed enterprise agreement. The application was heard in the Fair Work Commission. The core issue before the Commission was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the criteria for genuine agreement and if it contained all the necessary provisions required by the Act.

The Commission examined the process by which the agreement was negotiated and whether it was done in good faith and without coercion. The union argued that the agreement was the result of proper negotiations and that it represented the best terms and conditions available to the employees. The company, on the other hand, raised concerns about several provisions within the agreement, contending that some clauses did not comply with the statutory minimum standards or were otherwise unfair. The Commission assessed these arguments, considering the evidence presented by both parties and the broader implications for industrial relations.

After thorough deliberation, the Commission found that the proposed agreement did meet the requirements of the Act. It was concluded that the agreement was genuinely negotiated and reflected the terms and conditions agreed upon by both parties. The Commission also determined that all necessary statutory provisions were included, and no clauses were found to be unfair or below the minimum standards. Consequently, the Commission approved the agreement, finding it to be in compliance with the legislative framework. The final orders included the approval of the JBS Australia Pty Limited - Prime City Feedlot Enterprise Agreement 2020, which is now to be implemented in accordance with the terms set out in the 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