Ballantyne Pty Ltd Summary

[2022] FWCA 4212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ballantyne Pty Ltd

(AG2022/4866)

Ballantyne Pty Ltd (Laverton) Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 DECEMBER 2022

Application for approval of the Ballantyne Pty Ltd (Laverton) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Ballantyne Pty Ltd (Laverton) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ballantyne Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clauses 14.9.1 and 35.3.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.2 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.

The United Workers’ Union 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.

The Agreement was approved on 1 December 2022 and, in accordance with s.54, will operate from 8 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Ballantyne Pty Ltd, the Fair Work Commission was called upon to assess the application for the approval of the Ballantyne Pty Ltd (Laverton) Enterprise Agreement 2022. The dispute involved the employer and a union representing employees, specifically focusing on the terms and conditions of employment outlined in the proposed agreement. The application for approval was made by the employer, while the union expressed concerns regarding certain provisions of the agreement.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to minimum entitlements and procedural fairness. The union argued that several provisions in the agreement were in breach of these statutory requirements, which would render the agreement non-compliant. The employer, on the other hand, maintained that the agreement was in line with the statutory minimum standards and had been negotiated in good faith.

Upon reviewing the arguments presented and the evidence provided, the Commission found that the proposed enterprise agreement was, in fact, compliant with the statutory requirements. The Commission was satisfied that the agreement met the minimum standards set out in the Fair Work Act 2009 and had been negotiated in good faith. The union's concerns about certain provisions were addressed and found to be adequately resolved within the context of the agreement. Consequently, the Commission approved the Ballantyne Pty Ltd (Laverton) Enterprise Agreement 2022.

In approving the agreement, the Commission issued its decision and orders, formally recognising the agreement as a valid and binding enterprise agreement between the employer and the union. The agreement was to take effect from the date of the Commission's approval and would govern the terms and conditions of employment for the relevant employees.

Ballantyne Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established