Ball & Doggett Pty Ltd

[2024] FWCA 3173

[2024] FWCA 3173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ball & Doggett Pty Ltd

(AG2024/2952)

BALL & DOGGETT PTY LTD VICTORIA ENTERPRISE AGREEMENT 2024

Timber and paper products industry
COMMISSIONER MIRABELLA	MELBOURNE, 11 SEPTEMBER 2024

Application for approval of the Ball & Doggett Pty Ltd Victoria Enterprise Agreement 2024.

1. Ball & Doggett Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Ball & Doggett Pty Ltd Victoria Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 20 May 2024 and the Agreement was made on 23 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

1. I observe that clause 29.2(b) regarding redundancy pay is likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 11 September 2024 and, in accordance with s.54, will operate from 18 September 2024. The nominal expiry date of the Agreement is 30 June 2027.

Variation

1. On 16 August 2024, my chambers notified the parties that the Agreement appears to contain a referencing error in that clause 14.1 states that casual employees will be paid at the relevant site enterprise agreement rate as set out in clause 13.5; however, there is no clause 13.5 under the Agreement and the wage rates are set out in clause 12.2. I invited the parties to seek to amend this clause pursuant to s.218A of the FW Act.

1. On 20 August 2024, the Employer submitted that clause 14.1 contains an error and that the clause was not updated to align with the new layout. The Employer filed a revised version of clause 14.1.

1. I am satisfied this error is an obvious error, defect or irregularity. Pursuant to s.218A of the FW Act I will amend the Agreement to replace ‘13.5’ in clause 14.1 with ‘12.2’.

1. The variation will operate from 18 September 2024.

COMMISSIONER

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