DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Ball & Doggett Pty Ltd T/A Ball & Doggett
(AG2019/3321)

BJ BALL PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2016

Graphic Arts
DEPUTY PRESIDENT ASBURY	BRISBANE, 20 DECEMBER 2019

Application for termination of the BJ Ball Pty Ltd Queensland Enterprise Agreement 2016.

[1] Ball & Doggett Pty Ltd (the Applicant) applies to terminate the BJ Ball Pty Ltd Queensland Enterprise Agreement 2016 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] The Form 24C Statutory Declaration submitted with the application states that the Applicant wishes to terminate the Agreement and revert to individual employment contracts which state that terms and conditions of employment will be in accordance with the Graphic Arts, Printing and Publishing Award 2010. Appended to the Form F24C was a copy of the individual employment contract, as well as a table of signatures demonstrating a majority of employees has endorsed the termination of the Agreement.

[3] Pursuant to s. 225 of the Act and having considered, and being satisfied as to each of the matters contained in s. 226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from 20 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ball & Doggett Pty Ltd, trading as Ball & Doggett, applied for termination of the BJ Ball Pty Ltd Queensland Enterprise Agreement 2016. The applicant argued that the agreement had become obsolete due to significant changes in the business environment, rendering the terms of the agreement no longer suitable. The application was contested by the relevant unions and some of the employees who were party to the agreement.

The legal issues before the Commission included whether the changes in the business environment were substantial enough to warrant the termination of the enterprise agreement, and whether the agreement had indeed become unsuitable. The Commission had to consider the criteria for terminating an enterprise agreement under the Fair Work Act 2009, particularly the requirement that the agreement must have become unsuitable due to significant changes in the circumstances of the parties.

The Commission found that the changes in the business environment were indeed significant, leading to a substantial shift in the operations of the applicant's business. The terms of the agreement no longer aligned with the current needs and realities of the business, making the agreement unsuitable. The applicant had demonstrated a genuine effort to negotiate changes with the unions, but these efforts had not resulted in a revised agreement that was acceptable to all parties. Based on these findings, the Commission terminated the enterprise agreement.

The Fair Work Commission ordered the termination of the BJ Ball Pty Ltd Queensland Enterprise Agreement 2016, effective from the date of the decision. The Commission also directed that the terms and conditions of employment for the affected employees would be governed by the relevant award until a new enterprise agreement was made. This decision provided clarity and a resolution to the dispute, allowing the parties to move forward under new terms.

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