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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Ardex Australia Pty Ltd applied to the Fair Work Commission for the approval of the Ardex Australia Victorian Enterprise Agreement 2016. The application was made by the employer, Ardex Australia Pty Ltd, and the Australian Manufacturing Workers' Union was the relevant union party. The dispute centred around whether the enterprise agreement in question complied with the statutory requirements under the Fair Work Act. Specifically, the application sought to address concerns about the fairness and appropriateness of the agreement's provisions.

The legal issues before the Commission involved determining whether the agreement provided for fair and appropriate terms and conditions, including pay and conditions, and whether it complied with the relevant provisions of the Fair Work Act. The Commission had to consider whether the agreement met the criteria for being deemed "appropriate" as outlined in the Act, particularly in relation to the bargaining process and the substance of the agreement's terms.

The Fair Work Commission examined the process through which the agreement was negotiated and found that it was conducted in good faith and involved genuine bargaining. The Commission also reviewed the substantive provisions of the agreement and concluded that they were fair and reasonable, taking into account the interests of both employees and the employer. After careful consideration, the Commission determined that the Ardex Australia Victorian Enterprise Agreement 2016 met all statutory requirements and was thus approved.

The Fair Work Commission approved the Ardex Australia Victorian Enterprise Agreement 2016, effective from the date of the decision. The approval signifies that the agreement is compliant with the Fair Work Act and can be implemented as intended by the parties. This decision provides certainty to both the employer and the employees, ensuring that the terms and conditions of employment are legally recognised and enforceable.

Ardex Australia 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