BJ Ball Pty Ltd

[2014] FWCA 508

FAIR WORK COMMISSION

DECISION

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

BJ Ball Pty Ltd
(AG2013/12860)

BJ BALL PTY LTD VICTORIA ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 20 JANUARY 2014

Application for approval of the BJ Ball Pty Ltd Victoria Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BJ Ball Pty Ltd Victoria Enterprise Agreement 2013 (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 Melbourne on 23 December 2013. The application included a Statutory Declaration of Alan Campbell made on behalf of the Employer and dated 18 December 2013, (the Declaration). The Declaration stated that the Agreement was made on 11 December 2013. 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 20 January 2014. I note that the file has included a Statutory Declaration of Tony Piccolo 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 11 and a consultation term at clause 27.

[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 subsection 54 (1) of the Act it will operate from 27 January 2014. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the matter of BJ Ball Pty Ltd, the Fair Work Commission was called upon to determine whether the BJ Ball Pty Ltd Victoria Enterprise Agreement 2013 should be approved. The dispute arose from the application submitted by the company seeking formal approval of the enterprise agreement. This agreement was intended to govern the terms and conditions of employment for employees in Victoria.

The central legal issues before the Commission were whether the enterprise agreement complied with the relevant legislative requirements under the Fair Work Act 2009. Specifically, the Commission needed to ascertain if the agreement had been made in good faith and if it met the criteria for being a "better off overall test" (BOOT) agreement, meaning that it provided a net benefit to the employees. Additionally, the Commission examined whether the agreement adhered to procedural requirements, including proper consultation and notice provisions.

Upon examining the evidence and submissions presented, the Commission found that the enterprise agreement was indeed made in good faith and satisfied the procedural requirements of the Act. It also determined that the agreement met the BOOT criterion, as it provided a net benefit to the employees by improving various aspects of their employment conditions. Therefore, the Commission approved the BJ Ball Pty Ltd Victoria Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established