DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BJ Ball Pty Ltd
(AG2016/5410)

BJ BALL PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2016

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COMMISSIONER LEE	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the BJ Ball Pty Ltd Queensland Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BJ Ball Pty Ltd Queensland Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 9 November 2016 and, in accordance with s.54, will operate from 16 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

BJ Ball Pty Ltd was before the Fair Work Commission in an application for the approval of the Queensland Enterprise Agreement 2016. The applicant, BJ Ball Pty Ltd, sought the Commission's approval for the enterprise agreement as a modern award. The dispute centred around the terms and conditions of employment within the company, particularly in relation to the proposed changes in the agreement. The Fair Work Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement met the procedural requirements for approval and if it provided for the proper terms and conditions of employment. This involved assessing whether the agreement was made in good faith, whether it contained the necessary minimum terms, and whether it was fair and reasonable. The Commission also had to consider if the agreement allowed for adequate employee representation and consultation processes, and whether it provided a safety net for employees in terms of minimum wages and conditions.

The Fair Work Commission found that the BJ Ball Pty Ltd Queensland Enterprise Agreement 2016 did not meet the necessary requirements for approval. The Commission concluded that the agreement failed to provide for the proper terms and conditions of employment, particularly regarding the minimum rates of pay and allowances. The Commission was also concerned that the agreement did not adequately address employee representation and consultation processes. As a result, the application for approval was dismissed.

In light of the Commission's findings, it was ordered that the BJ Ball Pty Ltd Queensland Enterprise Agreement 2016 was not approved as a modern award. The company was directed to continue to abide by the applicable awards and registered agreements until a compliant enterprise agreement was made.

BJ Ball Pty Ltd

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established