DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K L Ballantyne Pty Ltd
(AG2016/6519)

K L BALLANTYNE PTY LTD (LAVERTON) ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 15 DECEMBER 2016

Application for approval of the K L Ballantyne Pty Ltd (Laverton) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the K L Ballantyne Pty Ltd (Laverton) 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 K L Ballantyne 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 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

The applicants, K L Ballantyne Pty Ltd, sought approval of the Enterprise Agreement with their employees, as per the Fair Work Act 2009. The applicants argued that the agreement was appropriate for the business and the employees. The Fair Work Commission heard the matter, assessing whether the agreement met the criteria for approval under the Act. The legal issues before the Commission included whether the agreement was made in good faith, whether it contained only permissible provisions, and whether it was free from inappropriate influence or coercion.

The Commission found that the agreement had been made in good faith and contained only permissible provisions. It noted that the agreement addressed key issues such as wages, hours of work, and other conditions of employment, ensuring fairness and balance between the parties. The Commission also determined that there was no evidence of inappropriate influence or coercion in the making of the agreement. Given these findings, the Commission approved the agreement, affirming its compliance with the statutory requirements.

As a result of the Commission's decision, the Enterprise Agreement was approved, effective from the date of the decision. The agreement is now binding on the parties, setting the terms and conditions of employment for the employees of K L Ballantyne Pty Ltd as per the approved terms. This decision provides certainty and stability for both the employer and the employees, ensuring that the agreement remains in effect until it is terminated or replaced by a new agreement.

K L Ballantyne Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established