JBS Australia Pty Limited [2024] FWCA 2834 (2 August 2024)

Last Updated: 6 August 2024

[2024] FWCA 2834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement
JBS Australia Pty Limited

(AG2024/2034)

JBS CARRIERS - ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 2 AUGUST 2024

Application for approval of the JBS Carriers - Enterprise Agreement 2024

[1] JBS Australia Pty Limited has applied for approval of a single enterprise agreement known as the JBS Carriers - Enterprise Agreement 2024 (the Agreement).

[2] On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met. In this regard, the Agreement has been assessed for the purposes of the better off overall test against each of the Meat Industry Award 2020, the Road Transport and Distribution Award 2020 and the Road Transport (Long Distance Operations) Award 2020. There are of course differences between the terms and conditions in the Agreement and relevant applicable terms of the modern awards. I am satisfied that employees will be better off overall under the Agreement than if one of the above modern awards applied to their employment.

[3] The Agreement is approved and will operate from 9 August 2024. The nominal expiry date of the Agreement is 2 August 2028.

[4]

The Agreement covers the Transport Workers' Union of Australia.

COMMISSIONER

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[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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