Berg Engineering Pty Ltd T/A Berg Engineering

[2021] FWCA 296

[2021] FWCA 296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berg Engineering Pty Ltd T/A Berg Engineering
(AG2020/4009)

BERG ENGINEERING ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 21 JANUARY 2021

Application for approval of the Berg Engineering Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Berg Engineering Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Berg Engineering Pty Ltd T/A Berg Engineering. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 28 January 2021. The nominal expiry date of the Agreement is 31 January 2024.

COMMISSIONER

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<AE510153  PR726327>