Ball & Doggett Pty Ltd T/A Ball & Doggett

[2018] FWCA 7153

[2018] FWCA 7153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ball & Doggett Pty Ltd T/A Ball & Doggett
(AG2018/3343)

BALL & DOGGETT PTY LTD NSW ENTERPRISE AGREEMENT 2018

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2018

Application for approval of the Ball & Doggett Pty Ltd NSW Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ball & Doggett Pty Ltd NSW 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 Ball & Doggett Pty Ltd T/A Ball & Doggett. 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.

[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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 12 – Annual leave;

•  Clause 13.2 – Casual Employees;

•  The Graphic Arts General Award 2000 incorporated parental leave provisions; and

•  Clause 22 – Redundancy.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A