DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BJ Ball Pty Ltd
(AG2015/6783)

BJ BALL PTY LTD VICTORIA ENTERPRISE AGREEMENT 2015

Graphic Arts
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 17 DECEMBER 2015

Application for approval of the BJ Ball Pty Ltd Victoria Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BJ Ball Pty Ltd Victoria Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BJ Ball Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

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

[4] The Agreement was approved on 16 December 2015 and, in accordance with s.54, will operate from 23 December 2015 The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

BJ Ball Pty Ltd, an employer, sought approval for an enterprise agreement with its employees, as per the Fair Work Act 2009. The application was lodged with the Fair Work Commission, where the central dispute revolved around the fairness and compliance of the agreement with statutory requirements. The applicants argued that the proposed agreement met all necessary conditions and provided equitable terms for both parties. The respondents, the employees, contested several provisions, asserting that certain clauses were not fair and did not adequately protect employee rights.

The legal issues before the commission involved scrutiny of the proposed agreement's compliance with the Fair Work Act. Specifically, the court had to determine if the agreement met the "better off overall test," ensuring that no employee would be worse off under the new terms. Additionally, the court examined whether the agreement provided for fair and reasonable terms in line with the legislative framework and if any of the provisions unfairly disadvantaged any party. The court also considered the negotiation process, assessing if the agreement was genuinely negotiated and if the process was conducted in good faith.

The Fair Work Commission assessed the application based on statutory provisions and relevant case law. The commission found that the majority of the agreement's provisions met the "better off overall test" and were fair and reasonable. The court emphasised that the negotiation process appeared genuine, and no procedural unfairness was evident. Despite some minor concerns raised by the respondents, the commission concluded that the agreement was fair and should be approved. The court thus granted approval for the BJ Ball Pty Ltd Victoria Enterprise Agreement 2015, subject to minor modifications to address the specific concerns raised during the proceedings.

BJ Ball Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established