Thomas Borthwick & Sons (Australia) Pty Ltd

[2019] FWCA 97

[2019] FWCA 97

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thomas Borthwick & Sons (Australia) Pty Ltd
(AG2018/5077)

THOMAS BORTHWICK & SONS (AUSTRALIA) PTY LTD MACKAY MAINTENANCE ENTERPRISE AGREEMENT 2018

Meat Industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 JANUARY 2019

Application for approval of the Thomas Borthwick & Sons (Australia) Pty Ltd Mackay Maintenance Enterprise Agreement 2018.

[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 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thomas Borthwick & Sons (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2019. The nominal expiry date of the Agreement is 9 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501275  PR703679>

Annexure A