DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Ltd T/A JBS Australia
(AG2019/2083)

JBS AUSTRALIA PTY LIMITED - BEEF CITY FEEDLOT ENTERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER JOHNS	SYDNEY, 1 JULY 2019

Application for approval of the JBS Australia Pty Limited - Beef City Feedlot Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the JBS Australia Pty Limited - Beef City Feedlot Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JBS Australia Pty Ltd T/A JBS Australia. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2019. The nominal expiry date of the Agreement is 28 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, JBS Australia Pty Ltd, trading as JBS Australia, sought the approval of the JBS Australia Pty Limited - Beef City Feedlot Enterprise Agreement 2019, from the Fair Work Commission. The respondent, the Australian Workers’ Union, objected to the approval of the agreement on various grounds, including that it did not provide for adequate minimum rates of pay, did not comply with the Better Off Overall Test, and did not comply with the requirement for the agreement to be in writing. The case was heard by the Commission, which needed to decide whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The Commission considered whether the agreement provided for adequate minimum rates of pay, whether it complied with the Better Off Overall Test, and whether it was in writing. The Commission found that the agreement provided for adequate minimum rates of pay and that the Better Off Overall Test was met. The Commission also found that the agreement was in writing, despite the absence of signatures from the parties. The Commission concluded that the agreement met the necessary legal criteria for approval.

In conclusion, the Fair Work Commission approved the JBS Australia Pty Limited - Beef City Feedlot Enterprise Agreement 2019. The Commission found that the agreement provided for adequate minimum rates of pay, met the Better Off Overall Test, and was in writing despite the absence of signatures. The application for approval was therefore successful.

JBS Australia Pty Ltd T/A JBS Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established