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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Borg Manufacturing Pty Ltd Oberon Site Enterprise Agreement 2021 was heard in the Fair Work Commission. The applicant, Borg Manufacturing Pty Ltd, sought to have the proposed agreement registered and approved, which would cover its employees at its Oberon site. The respondents, represented by the Australian Manufacturing Workers' Union, contested the application, raising concerns about certain provisions in the agreement that they believed were unfavourable to the employees.

The legal issues before the Commission involved the validity and fairness of specific clauses within the proposed enterprise agreement. The primary contentions revolved around the interpretation and application of the Fair Work Act 2009, particularly sections concerning the registration of enterprise agreements and the need for procedural fairness. The respondents argued that certain clauses, including those related to working conditions, leave entitlements, and dispute resolution mechanisms, were not in line with the statutory requirements and did not adequately protect the employees' interests.

The Commission considered the arguments presented by both parties, analysing the proposed agreement against the provisions of the Fair Work Act. It examined whether the agreement met the criteria for approval, including ensuring procedural fairness and providing for the effective management of workplace relations. The Commission concluded that while the agreement contained some provisions that were contentious, the majority of the clauses were consistent with the legislative requirements and reflected a fair and reasonable approach to workplace relations. The Commission approved the agreement, subject to minor amendments to address specific concerns raised by the respondents regarding certain clauses.

The final orders of the Commission required the applicant to make the specified amendments to the enterprise agreement and submit the revised version for re-registration. The respondents were directed to provide any further feedback on the amended agreement within the stipulated timeframe. The Commission's decision effectively resolved the dispute, allowing the enterprise agreement to proceed with the necessary modifications to address the respondents' concerns while maintaining the overall framework of the proposed agreement.

Borg Manufacturing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established