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

Annexure A

CaseChat Overview and Summary

Ball & Doggett Pty Ltd T/A Ball & Doggett sought approval for the Ball & Doggett Pty Ltd NSW Enterprise Agreement 2018 in the Fair Work Commission. The application was made by the employer, who wished to implement certain changes to the employment terms and conditions of its employees as outlined in the proposed agreement. The dispute primarily centred around the procedural fairness and the appropriate application of the Fair Work Act 2009 in approving the agreement.

The central legal issue before the Commission was whether the employer had followed the correct procedures in making the application for approval of the enterprise agreement, and whether the agreement itself met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the employer had adequately facilitated genuine discussion and negotiation between the parties and whether the proposed agreement addressed the needs of the employees fairly.

The Commission found that the employer had acted in accordance with the statutory requirements and had facilitated genuine discussion and negotiation. The proposed agreement was deemed to be fair and reasonable, addressing the needs of both the employer and the employees. The Commission was satisfied that the employer had taken all necessary steps to ensure the agreement was made in good faith and that it met the legal standards for approval. Consequently, the application for approval was granted, and the Ball & Doggett Pty Ltd NSW Enterprise Agreement 2018 was approved.

The Fair Work Commission approved the Ball & Doggett Pty Ltd NSW Enterprise Agreement 2018, confirming that the employer had correctly followed the necessary procedures and that the agreement was fair and reasonable. This decision provides clarity for the employer and the employees regarding the terms and conditions of their employment under the approved agreement.

Ball & Doggett Pty Ltd T/A Ball & Doggett

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established