DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ardex Australia Pty Ltd
(AG2016/2310)

ARDEX AUSTRALIA QLD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 4 MARCH 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Ardex Australia QLD 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 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. 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.

[4] The Agreement was approved on 4 March 2016 and, in accordance with s.54, will operate from 11 March 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Ardex Australia Pty Ltd, the Fair Work Commission was asked to consider the application for approval of the Ardex Australia QLD Enterprise Agreement 2016. The application was brought forth by the employer, Ardex Australia Pty Ltd, with the intention of finalising the terms and conditions of employment for employees in Queensland. The dispute centred on the procedural fairness and the merits of the proposed agreement, as it was contended that certain provisions might not be in the best interest of the employees.

The court was tasked with determining whether the agreement had been fairly and properly made and if the process adhered to the necessary legal requirements. This involved examining the participation and representation of the employees, the consultation processes, and whether the agreement provided fair and reasonable terms for the employees. Additionally, the court had to assess whether the agreement was in line with the Fair Work Act 2009 and if it met the criteria for a modern award.

The Fair Work Commission thoroughly reviewed the evidence presented by both parties, taking into account the procedural fairness of the bargaining process and the merits of the agreement itself. The Commission found that the agreement had been fairly negotiated and that the process was in compliance with the legislative requirements. Furthermore, the terms of the agreement were considered fair and reasonable, balancing the needs and interests of both the employer and the employees. Consequently, the Commission approved the Ardex Australia QLD Enterprise Agreement 2016.

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