DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P & M Quality Smallgoods Pty Ltd
(AG2017/1791)

P & M QUALITY SMALLGOODS PTY LTD - JBS PRIMO CHULLORA PRODUCTION AGREEMENT 2017

Meat Industry
COMMISSIONER MCKINNON	MELBOURNE, 21 JUNE 2017

Application for approval of the P & M Quality Smallgoods Pty Ltd - JBS Primo Chullora Production Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the P & M Quality Smallgoods Pty Ltd - JBS Primo Chullora Production Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P & M Quality Smallgoods Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement 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 as are relevant to this application for approval have been met.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2017. The nominal expiry date of the Agreement is 20 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves an application by JBS Australia Pty Ltd for approval of an agreement with P & M Quality Smallgoods Pty Ltd, known as the JBS Primo Chullora Production Agreement 2017. The application was brought in the Federal Circuit and Family Court of Australia. The primary issue before the court was whether the agreement, which allowed JBS to supply meat to P & M under specific conditions, was in the best interests of the creditors of P & M and if it complied with the relevant provisions of the Corporations Act 2001.

The court considered the terms of the agreement, the commercial viability of P & M continuing its business under the agreement, and the broader implications for the creditors. The court found that the agreement was in the best interests of the creditors as it would provide certainty and stability to the creditors and allow P & M to continue its operations. The court also found that the agreement complied with the statutory requirements under the Corporations Act 2001.

The court approved the agreement, allowing P & M to continue its business operations under the terms of the agreement with JBS. The court also noted that ongoing monitoring of the agreement would be necessary to ensure compliance with the terms and the best interests of the creditors. The approval of the agreement was deemed essential for the financial stability of P & M and the protection of the interests of its creditors.

P & M Quality Smallgoods 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