JBS Australia Pty Ltd Summary

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JBS Australia Pty Ltd applied to the Fair Work Commission for approval of the JBS Australia Pty Limited - Bordertown Production Employees Enterprise Agreement 2014. The applicant is an employer in the meat processing industry, while the respondent is a trade union representing some of the applicant's employees. The union objected to the agreement on the basis that it did not meet the requirements of section 232 of the Fair Work Act 2009 (Cth). The union argued that the agreement contained provisions that were contrary to public policy and not genuinely bargained.

The central legal issue before the Commission was whether the agreement complied with section 232 of the Act. This section stipulates that an enterprise agreement must not contain any terms that are contrary to public policy, or that have been made in a manner that is not genuinely bargained. The Commission had to determine if the terms in question contravened these requirements. The union contended that certain provisions, including those relating to the payment of wages and conditions, were not genuinely bargained and were contrary to public policy.

The Commission carefully examined the provisions of the agreement that the union had challenged. It assessed whether the terms were genuinely bargained between the parties and whether they conformed to public policy. After its analysis, the Commission concluded that the provisions in question were not contrary to public policy and had been genuinely bargained. The Commission found that the union's objections were not substantiated and approved the agreement. The Commission emphasised the importance of genuine bargaining and compliance with public policy in enterprise agreements.

The Fair Work Commission approved the JBS Australia Pty Limited - Bordertown Production Employees Enterprise Agreement 2014. The Commission found that the agreement did not contain any terms that were contrary to public policy or that had been made in a manner that was not genuinely bargained. The union's objections were dismissed, and the agreement was approved as meeting the requirements of section 232 of the Fair Work Act 2009 (Cth).

JBS Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established