DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Borg Manufacturing Pty Ltd
(AG2016/6916)

BORG MANUFACTURING PTY LTD MELBOURNE DISTRIBUTION CENTRE SITE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 19 APRIL 2017

Application for approval of the Borg Manufacturing Pty Ltd Melbourne Distribution Centre Site Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Borg Manufacturing Pty Ltd Melbourne Distribution Centre Site Agreement 2016 (“the Agreement”). The application is made under s.185 of the Fair Work Act 2009 (Cth) (“the Act”) by Borg Manufacturing Pty Ltd. It is a single enterprise agreement.

[2] After reviewing the application and the Form F17 Employer’s Statutory Declaration, together with the terms and conditions contained in the proposed Agreement, I am satisfied that each of the requirements in ss.186, 187 and 188 of the Act 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 26 April 2017. The nominal expiry date of the Agreement is 25 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Borg Manufacturing Pty Ltd applied for approval of the Borg Manufacturing Pty Ltd Melbourne Distribution Centre Site Agreement 2016. The application was made to the Fair Work Commission. The dispute involved the terms of the proposed enterprise agreement and the rights and obligations of the employer and employees under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the Act and whether it was in the best interests of the employees. Specifically, the Commission needed to determine whether the agreement provided fair and reasonable terms and conditions for the employees and whether it met the requirements for being approved as a registered agreement.

The Commission found that the agreement was fair and reasonable and complied with the requirements of the Act. The agreement included provisions for pay rates, hours of work, leave entitlements, and other employment conditions. The Commission noted that the agreement provided for a significant increase in pay rates for employees and improvements in other conditions of employment. The Commission also found that the agreement met the requirements for being approved as a registered agreement.

The Commission approved the agreement and registered it as a registered agreement. The agreement will now apply to all employees of Borg Manufacturing Pty Ltd covered by the agreement. The final orders of the Commission included the approval and registration of the agreement and the setting aside of any previous enterprise 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