ARDEX Australia Pty Ltd

[2023] FWCA 1479

[2023] FWCA 1479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ARDEX Australia Pty Ltd

(AG2023/1313)

ARDEX AUSTRALIA VICTORIAN ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2023

Application for approval of the Ardex Australia Victorian Enterprise Agreement 2023

1. An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Ardex Australia Victorian Enterprise Agreement 2023 (Agreement).

1. 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.

1. Pursuant to s. 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I note that any attempt to give effect to the following clauses is likely to be of no effect:[1]

·     Clause 13 – Shift work; and

·     Clause 16 – Leave in lieu of unpaid time worked.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 1 June 2023. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

[1] Full Court in Toyota Motor Corporation Australia Limited v Marmara [2014] FCAFC 84; 222 FCR 152; 244 IR 335

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