Seven Point Pork Pty Ltd T/A Seven Point Australian Pork
[2025] FWCA 415
•3 FEBRUARY 2025
| [2025] FWCA 415 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Seven Point Pork Pty Ltd T/A Seven Point Australian Pork
(AG2024/4343)
JBS SEVEN POINT PORK PRODUCTION ENTERPRISE AGREEMENT 2024
| Meat Industry | |
| COMMISSIONER THORNTON | ADELAIDE, 3 FEBRUARY 2025 |
Application for approval of the JBS Seven Point Pork Production Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the JBS Seven Point Pork Production Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Seven Point Pork Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
Pursuant to sections 193(6) and (6A) of the Act, I have had regard to the submissions of the Applicant that at the test time the patterns of work worked by employees are unlikely to result in employees working more than three hours of overtime on any one day. I accept the submissions of the Applicant that employees working more than three hours of overtime in any one day is not reasonably foreseeable. For completeness, I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 43 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australasian Meat Industry Employees Union (AMIEU) lodged a Form F18 statutory declaration giving 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 AMIEU.
The Agreement is approved and will operate in accordance with s.54 of the Act from 10 February 2025. The nominal expiry date of the Agreement is 3 February 2027.
COMMISSIONER
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