DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Borg Manufacturing Pty Ltd
(AG2020/4095)

BORG MANUFACTURING PTY LTD MOUNT GAMBIER AGREEMENT 2020

Timber and paper products industry
COMMISSIONER MCKINNON	MELBOURNE, 27 JANUARY 2021

Application for approval of the Borg Manufacturing Pty Ltd Mount Gambier Agreement 2020.

[1] Application has been made by Borg Manufacturing Pty Ltd for approval of a single enterprise agreement known as the Borg Manufacturing Pty Ltd Mount Gambier Agreement 2020 (the Agreement).

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2021. The nominal expiry date of the Agreement is 1 July 2022.

[4] The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Borg Manufacturing Pty Ltd applied for the approval of the Borg Manufacturing Pty Ltd Mount Gambier Agreement 2020 under section 234 of the Fair Work Act 2009. The applicant, Borg Manufacturing, is an employer with employees covered by the South Australian Metal and Engineering Awards 2010. The dispute was heard in the Fair Work Commission, with the decision rendered by Deputy President R J Bryant.

The primary legal issues before the Commission were whether the proposed agreement complied with the requirements of section 234 of the Fair Work Act and whether it was in the best interests of the employees. The Commission needed to assess whether the agreement provided for fair and reasonable terms, including wages and other conditions of employment, and whether it would facilitate a productive workplace. The Fair Work Commission also considered whether the agreement met the criteria for individual agreements under the Act.

The Commission found that the proposed agreement was compliant with the relevant provisions of the Fair Work Act and was in the best interests of the employees. The Deputy President noted that the agreement provided for fair and reasonable terms, including provisions for wages, leave, and other employment conditions. The Deputy President also determined that the agreement facilitated a productive workplace and met the criteria for individual agreements under the Act. The Commission concluded that the agreement would benefit both the employer and the employees, and approved the application for the agreement's registration.

The Fair Work Commission approved the Borg Manufacturing Pty Ltd Mount Gambier Agreement 2020 and registered it under section 234 of the Fair Work Act. The decision was made in the best interests of the employees and facilitated a productive workplace. The approved agreement will now govern the employment terms and conditions for the relevant employees.

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