Thomas Borthwick & Sons (Australia) Pty Ltd Summary

[2025] FWCA 3399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thomas Borthwick & Sons (Australia) Pty Ltd

(AG2025/3218)

THOMAS BORTHWICK & SONS (AUSTRALIA) PTY LTD MACKAY ENTERPRISE AGREEMENT 2025

Meat Industry
COMMISSIONER SIMPSON	BRISBANE, 10 OCTOBER 2025

Application for approval of the Thomas Borthwick & Sons (Australia) Pty Ltd Mackay Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Thomas Borthwick & Sons (Australia) Pty Ltd Mackay Enterprise Agreement 2025 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australasian Meat Industry Employees Union (AMIEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMIEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Thomas Borthwick & Sons (Australia) Pty Ltd, sought approval of the Mackay Enterprise Agreement 2025. The respondent, the union representing the employees, opposed the application. The dispute centred around the terms and conditions of employment in the agreement, particularly concerning wages, hours of work, and other employment provisions. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment. This involved assessing whether the proposed wages and conditions were consistent with the principles of the Fair Work Act and whether the agreement had been made in good faith. The Commission also considered whether the agreement provided for proper mechanisms for dispute resolution and whether it adequately protected the interests of employees.

In assessing the application, the Commission examined the evidence and submissions from both parties. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment. It concluded that the wages and conditions were consistent with the principles of the Fair Work Act and that the agreement had been made in good faith. The Commission also found that the agreement included proper mechanisms for dispute resolution and adequately protected the interests of employees. Based on these findings, the Commission approved the application for the Mackay Enterprise Agreement 2025.

Thomas Borthwick & Sons (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established