BJ Ball Pty Ltd

[2013] FWCA 8912

FAIR WORK COMMISSION

DECISION

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

BJ Ball Pty Ltd
(AG2013/11080)

BJ BALL PTY LTD NSW ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 13 NOVEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the BJ Ball Pty Ltd NSW 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 Sydney on 29 October 2013. The application included a Statutory Declaration of Antonino Corona made on behalf of the Employer and dated 25 October 2013 (the Declaration). The Declaration stated that the Agreement was made on 24 October 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 13 November 2013. I note that the file has included a Statutory Declaration of Tim Ayres 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 subsection 54 (1) of the Act it will operate from 20 November 2013. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 31 July 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, BJ Ball Pty Ltd, sought approval of an enterprise agreement under section 185 of the Fair Work Act 2009. The proposed agreement, known as the BJ Ball Pty Ltd NSW Enterprise Agreement 2013, was to be applied for approval by the Fair Work Commission. The primary issue before the court was whether the agreement met the legal standards and procedural requirements set out in the Act. Specifically, the court needed to determine if the agreement provided adequate protections for employees and complied with the necessary processes for its approval.

The court examined whether the agreement was genuinely negotiated between the employer and employees, whether it contained the necessary minimum terms as outlined in the Act, and if it was procedurally sound. The court also considered if the agreement was likely to have a positive effect on productivity, efficiency, and profitability of the business while ensuring fair treatment of employees. The court's scrutiny included assessing if the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the statutory framework for enterprise agreements.

After thorough deliberation, the court concluded that the agreement satisfied all legal requirements and procedural standards. The agreement was found to be genuinely negotiated, contained the necessary minimum terms, and was likely to have a positive effect on the business while ensuring fair treatment of employees. Consequently, the court approved the agreement. The final orders included the formal approval of the BJ Ball Pty Ltd NSW Enterprise Agreement 2013, allowing it to come into effect as per the stipulated terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established