Borg Manufacturing Pty Ltd

[2021] FWCA 4204

[2021] FWCA 4204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Borg Manufacturing Pty Ltd
(AG2021/6057)

BORG MANUFACTURING PTY LTD OBERON SITE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 16 JULY 2021

Application for approval of the Borg Manufacturing Pty Ltd Oberon Site Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Borg Manufacturing Pty Ltd Oberon Site Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Borg Manufacturing Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU); and

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

[3] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

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