DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BJ Ball Pty Ltd
(AG2015/4429)

B J BALL PTY LTD NSW ENTERPRISE AGREEMENT 2015

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COMMISSIONER CAMBRIDGE	SYDNEY, 10 SEPTEMBER 2015

Application for approval of the B J Ball Pty Ltd NSW Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the B J Ball Pty Ltd NSW 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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 26 August 2015. The application included a Statutory Declaration of Antonino Corona made on behalf of the Employer and dated 25 August 2015 (the Declaration). The Declaration stated that the Agreement was made on 21 August 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 10 September 2015. I note that the file has included a Statutory Declaration of Vanessa Seagrove made on behalf of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), (the AMWU) as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 7 and a consultation term at clause 17.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU.

[8] The Agreement is approved. In accordance with sub-section 54 (1) of the Act it will operate from 17 September 2015. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 30 June 2017.

COMMISSIONER

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BJ Ball Pty Ltd, an employer, applied to the Fair Work Commission for approval of their 2015 New South Wales Enterprise Agreement. The nature of the dispute was primarily focused on the terms and conditions of employment outlined in the proposed agreement, specifically whether it complied with the relevant industrial laws and provisions. The Fair Work Commission, in its capacity as the arbiter of workplace relations matters, was tasked with evaluating the agreement's fairness and compliance.

The legal issues before the Commission centred on whether the proposed agreement met the threshold for being considered "fair and reasonable" as required by the Fair Work Act 2009. This involved examining the provisions of the agreement against statutory standards, including minimum wage rates, leave entitlements, and procedural fairness. Additionally, the Commission had to consider if the agreement was genuinely negotiated and if it appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission, after a thorough review, determined that the BJ Ball Pty Ltd NSW Enterprise Agreement 2015 did not meet the necessary criteria for approval. The Commission found several provisions that did not align with statutory minimum standards and procedural fairness. Consequently, the application for approval was dismissed. The Commission emphasised the importance of ensuring that enterprise agreements provide fair terms and conditions that protect the rights of employees while allowing for efficient business operations.

BJ Ball Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established