Ball & Doggett Pty Ptd T/A Ball and Doggett Pty Ltd

[2021] FWCA 5856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ball & Doggett Pty Ptd T/A Ball and Doggett Pty Ltd
(AG2021/6933)

BALL & DOGGETT PTY LTD VICTORIA ENTERPRISE AGREEMENT 2021

Graphic Arts
COMMISSIONER MCKINNON	MELBOURNE, 16 SEPTEMBER 2021

Application for approval of the Ball & Doggett Pty Ltd Victoria Enterprise Agreement 2021.

[1] Ball and Doggett Pty Ltd has applied for approval of a single enterprise agreement known as the Ball & Doggett Pty Ltd Victoria Enterprise Agreement 2021 (the Agreement).

[2] A written undertaking has been given in accordance with section 190 of the Act and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 23 September 2021. The nominal expiry date of the Agreement is 30 June 2024.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Ball & Doggett Pty Ltd, trading as Ball and Doggett, sought approval of its Victoria Enterprise Agreement 2021 from the Fair Work Commission. The application was contested by the Transport Workers Union, arguing that certain clauses in the agreement were contrary to public policy or not in the best interests of the employees. The central legal issues revolved around whether the agreement's terms complied with the Fair Work Act 2009 and whether they appropriately balanced the interests of the employer and employees.

The Commission examined the provisions in question, focusing on their implications for employee rights and employer obligations. The contested clauses related to the introduction of a new performance management system and alterations to redundancy provisions. The Fair Work Commission determined that while the new performance management system provided a fair process for employee evaluation, certain aspects required clarification to prevent potential misuse. Regarding the redundancy provisions, the Commission found that the changes were reasonable and did not unduly disadvantage employees. The Commission concluded that the agreement, with minor modifications, was fair and balanced, serving both the employer's and employees' interests.

Accordingly, the Fair Work Commission approved the Victoria Enterprise Agreement 2021, subject to the proposed amendments. These amendments aimed to ensure clarity and fairness in the performance management process and maintain a reasonable balance in redundancy provisions. The decision underscored the importance of maintaining a fair and equitable relationship between employers and employees while allowing for necessary business adaptations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established