Ball & Doggett Pty Ltd

[2021] FWCA 5831

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ball & Doggett Pty Ltd
(AG2021/6858)

BALL & DOGGETT PTY LTD NSW ENTERPRISE AGREEMENT 2021

Graphic Arts
DEPUTY PRESIDENT DEAN	CANBERRA, 15 SEPTEMBER 2021

Application for approval of the Ball & Doggett Pty Ltd NSW Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ball & Doggett Pty Ltd NSW Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ball & Doggett Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Ball & Doggett Pty Ltd NSW Enterprise Agreement 2021. The parties included Ball & Doggett Pty Ltd and the Transport Workers Union of Australia. The dispute was regarding the terms of the proposed enterprise agreement, specifically the conditions of employment for the workers. The case was heard by the Fair Work Commission.

The legal issues before the Commission were whether the proposed agreement was a genuinely negotiated agreement, if it met the "better off overall test" and whether it complied with the provisions of the Fair Work Act 2009. The Transport Workers Union of Australia argued that the agreement was not genuinely negotiated and did not meet the better off overall test. Ball & Doggett Pty Ltd contended that the agreement was fairly negotiated and met the necessary tests.

The Commission found that the agreement was genuinely negotiated and met the better off overall test. It also found that the agreement complied with the provisions of the Fair Work Act 2009. The Commission considered the evidence of the parties and the nature of the agreement. It found that the agreement was fairly negotiated and provided a fair outcome for both parties. The Commission also found that the agreement complied with the requirements of the Fair Work Act 2009.

The Commission approved the Ball & Doggett Pty Ltd NSW Enterprise Agreement 2021, subject to certain modifications. The modifications related to the calculation of penalty rates and the definition of certain terms in the agreement. The parties were required to make the necessary amendments to the agreement and notify the Commission of the changes. The Commission's decision was binding on the parties and could not be appealed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established