Ardex Australia Pty Ltd

[2016] FWCA 867

[2016] FWCA 867

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ardex Australia Pty Ltd
(AG2015/7829)

ARDEX AUSTRALIA SA COLLECTIVE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 10 FEBRUARY 2016

Application for approval of the Ardex Australia SA collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ardex Australia SA collective 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] 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 was approved on 10 February 2016 and, in accordance with s.54, will operate from 17 February 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE417772  PR576885

Annexure A