BJ Ball Pty Ltd

[2013] FWCA 5324

FAIR WORK COMMISSION

DECISION

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

BJ Ball Pty Ltd
(AG2013/7623)

BJ BALL PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER SIMPSON	BRISBANE, 2 AUGUST 2013

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

[1] An application has been made for approval of an enterprise agreement known as the BJ Ball Pty Ltd Queensland 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 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 Agreement is approved. In accordance with s.54(1) it will operate from 9 August 2013. The nominal expiry date of the agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in BJ Ball Pty Ltd involved the application for approval of the 2013 Queensland Enterprise Agreement, which was a dispute between the employer and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard in the Fair Work Commission. The central legal issues before the court were whether the agreement complied with the statutory requirements of the Fair Work Act 2009, particularly in terms of its coverage of employees, the manner in which it was negotiated, and whether it contained provisions that were contrary to public policy.

The court examined the process by which the agreement was negotiated and whether it met the requirements for a "bargaining representative" as defined by the Act. The court also considered whether the agreement contained provisions that were contrary to public policy, such as provisions that might undermine the rights of employees or be otherwise unfair. The court further examined whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment. The court's reasoning involved a detailed analysis of the negotiation process, the content of the agreement, and its implications for the employees. Ultimately, the court found that the agreement did comply with the statutory requirements and was in the best interests of the employees. The court approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment and did not contravene any public policy considerations.

The court made an order approving the BJ Ball Pty Ltd Queensland Enterprise Agreement 2013 as meeting the requirements of the Fair Work Act 2009 and in the best interests of the employees. The agreement was thus registered, and its terms and conditions became legally binding on the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established