Ardex Australia Pty Ltd

[2016] FWCA 1839

[2016] FWCA 1839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ardex Australia Pty Ltd
(AG2016/424)

ARDEX AUSTRALIA VICTORIAN ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 MARCH 2016

Application for approval of the Ardex Australia Victorian Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ardex Australia Victorian 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 Ardex Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has anticipated that the Commission would not be satisfied with the failure to define a shiftworker for the purpose of the National Employment Standards in clause 6b of the Agreement. Upon application, I did have issue with the above and consequently accepted the undertaking provided by the Applicant on this basis. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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Annexure A