Thomas Borthwick & Sons (Australia) Pty Ltd

[2023] FWCA 1144

[2023] FWCA 1144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thomas Borthwick & Sons (Australia) Pty Ltd

(AG2023/988)

THOMAS BORTHWICK & SONS (AUSTRALIA) PTY LTD MACKAY MAINTENANCE ENTERPRISE AGREEMENT 2023

Meat Industry
COMMISSIONER SPENCER	BRISBANE, 21 APRIL 2023

Application for approval of the Thomas Borthwick & Sons (Australia) Pty Ltd Mackay Maintenance Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Thomas Borthwick & Sons (Australia) Pty Ltd Mackay Maintenance Enterprise Agreement 2023 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Thomas Borthwick & Sons (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of section 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. As noted, pursuant to section 190(3), I have accepted undertakings from the employer. In accordance with sections 191(1) and 201(3) of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings are attached to the Agreement.

1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 April 2023. The nominal expiry date of the Agreement is 21 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE519799  PR761295>