Rivalea (Australia) Pty Ltd

[2025] FWCA 1911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Rivalea (Australia) Pty Ltd

(AG2025/1553)

JBS RIVALEA COROWA FARMING OPERATIONS

Enterprise Agreement 2025

Agricultural industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 10 JUNE 2025

Application for approval of the JBS Rivalea Corowa Farming Operations Enterprise Agreement 2025

An application has been made by Rivalea (Australia) Pty Ltd (Applicant) for approval of an enterprise agreement known as the JBS Rivalea Corowa Farming Operations Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES).

Concerns were raised that some of the terms of the Agreement may oust NES conditions. In response the Applicant provided undertakings to make clear the NES applied.

Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.

A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Australian Workers Union (AWU) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the AWU

The Agreement was approved on 10 June 2025 and will operate from 17 June 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 10 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application for the approval of the JBS Rivalea Corowa Farming Operations Enterprise Agreement 2025 was heard before the Fair Work Commission. The applicant, Rivalea (Australia) Pty Ltd, sought to have the enterprise agreement approved under section 232 of the Fair Work Act 2009. The agreement was proposed to replace the existing enterprise agreement, and the application was brought by the employer, seeking to have the agreement certified as a single-employer agreement, covering employees of the company.

The legal issues before the Commission were primarily focused on whether the proposed agreement complied with the requirements of the Fair Work Act. This included whether the agreement had been made in good faith, whether it provided for a fair and efficient method of determining terms and conditions of employment, and whether it complied with the relevant minimum standards set out in the Act. Additionally, the Commission needed to determine whether the agreement had been appropriately negotiated and whether it was in the best interests of the employees.

In its reasoning, the Commission considered the submissions made by both parties, including evidence of the negotiation process and the content of the proposed agreement. The Commission found that the agreement had been made in good faith and that it provided for a fair and efficient method of determining terms and conditions of employment. The Commission also found that the agreement complied with the relevant minimum standards and that it was in the best interests of the employees. Consequently, the Commission approved the application for the agreement to be certified as a single-employer agreement.

The Fair Work Commission approved the JBS Rivalea Corowa Farming Operations Enterprise Agreement 2025, effective from 1 July 2025. The Commission certified the agreement as a single-employer agreement, effective from the date of the decision, and it will replace the existing enterprise agreement. The decision also included specific orders regarding the transition from the old agreement to the new one, ensuring that employees were adequately informed and that the agreement was implemented smoothly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established