DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KL Ballantyne Pty Ltd
(AG2019/4667)

K L BALLANTYNE PTY LTD (LAVERTON) ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 JANUARY 2020

Application for approval of the K L Ballantyne Pty Ltd (Laverton) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the K L Ballantyne Pty Ltd (Laverton) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KL Ballantyne 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The United Workers’ Union 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.

[4] The Agreement was approved on 7 January 2020 and, in accordance with s.54, will operate from 14 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, KL Ballantyne Pty Ltd sought approval for the K L Ballantyne Pty Ltd (Laverton) Enterprise Agreement 2019. The applicant, a construction company, argued that the proposed agreement addressed the needs of both the business and its employees, and was made in good faith and without coercion. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for being a "better off overall test" agreement, meaning that it must provide employees with at least the same financial and non-financial conditions as their previous awards.

The central legal issue before the Commission was whether the proposed agreement satisfied the "better off overall test" under the Fair Work Act. This test requires that employees be no worse off financially and at least as well off non-financially compared to their previous conditions. The Commission also considered whether the agreement was made in good faith, without coercion, and whether it complied with other relevant provisions of the Act. Specifically, the Commission examined if the agreement appropriately balanced the interests of both the employer and employees.

The Fair Work Commission found that the proposed agreement did indeed meet the "better off overall test" as it provided employees with conditions that were at least as good as their previous award. The Commission also determined that the agreement was made in good faith, without coercion, and that it complied with all relevant provisions of the Fair Work Act. The Commission emphasised that the agreement included provisions for fair treatment, appropriate working hours, and adequate leave provisions, which aligned with the employees' needs and the company's operational requirements.

As a result, the Fair Work Commission approved the K L Ballantyne Pty Ltd (Laverton) Enterprise Agreement 2019. The approval ensures that the agreement will be binding on all parties involved, providing a stable and fair framework for employment conditions within the company.

KL 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