JBS Australia Pty Ltd

[2014] FWCA 3828

[2014] FWCA 3828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Ltd
(AG2014/1203)


JBS AUSTRALIA PTY LIMITED - BORDERTOWN PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2014

Meat Industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 10 JUNE 2014

Application for approval of the JBS Australia Pty Limited - Bordertown Production Employees Enterprise Agreement 2014.

[1] An application for approval of an enterprise agreement known as the JBS Australia Pty Limited - Bordertown Production Employees Enterprise Agreement 2014 (the Agreement) has been made by JBS Australia Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The Dispute Settling Procedure in Clause 2.1.3 of the Agreementdoes not enable the Fair Work Commission to deal with disputes in relation to the National Employment Standards, as required by the Act. 1The employer has provided an undertaking which addresses this issue and otherwise meets the requirements of s.190 of the Act. In accordance with s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement, and is appended to the Agreement as Schedule 1.

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

[4] The Australasian Meat Industry Employees Union (the AMIEU)being a bargaining representative for the Agreement, has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMIEU.

[5] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 17 June 2014. The nominal expiry date of the Agreement is 9 June 2018. 2

DEPUTY PRESIDENT

 1   Section 186(6)(a)(ii) of the Act

 2   At the hearing of the matter I incorrectly stated that the nominal expiry date of the Agreement would be 16 June 2018.

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