Ball & Doggett Pty Ltd t/a Ball & Doggett Pty Ltd

[2024] FWCA 3279

[2024] FWCA 3279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ball & Doggett Pty Ltd t/a Ball & Doggett Pty Ltd

(AG2024/3073)

APPLICATION FOR THE APPROVAL OF THE BALL & DOGGETT PTY LTD NSW ENTERPRISE AGREEMENT 2024

Timber and paper products industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 17 SEPTEMBER 2024

Application for the Approval of the Ball & Doggett Pty Ltd NSW Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Ball & Doggett Pty Ltd NSW Enterprise Agreement 2024 (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 (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the 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.

1. The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s. 201(1) and s.202(4) of the Act, I note that the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I note that Clause 6 of the Agreement provides that the Agreement shall be read and interpreted in conjunction with the NES, provided that where inconsistency arises between the Agreement and the NES the more beneficial provision to an Employee shall take precedence.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 AMWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

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