Seven Point Pork Pty Ltd T/A Seven Point Australian Pork Summary

[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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case are Seven Point Pork Pty Ltd, trading as Seven Point Australian Pork, and its employees. The dispute pertains to the application for the approval of the JBS Seven Point Pork Production Enterprise Agreement 2024. The Fair Work Commission heard the matter. The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly concerning its provisions, fairness, and compliance with relevant labour standards. Specifically, the Commission had to determine if the agreement adequately protected employees' rights and interests, and if it was fair and reasonable in all its terms.

The Commission carefully examined the proposed agreement, considering various factors such as the bargaining power of the parties, the terms and conditions of employment, and the impact of the agreement on employees. It evaluated whether the agreement provided adequate protections, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. Additionally, the Commission considered submissions from both the employer and the employees' representatives to ensure that the agreement was fair and reasonable.

Upon reviewing the evidence and submissions, the Commission concluded that the proposed agreement met the statutory requirements and was fair and reasonable for the employees. The Commission found that the agreement provided adequate protections and benefits, and it balanced the interests of both the employer and the employees. Therefore, the Commission approved the JBS Seven Point Pork Production Enterprise Agreement 2024. This decision ensures that the agreement will now apply to the relevant employees, setting the terms and conditions of their employment for the upcoming period.

Seven Point Pork Pty Ltd T/A Seven Point Australian Pork

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established