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

CaseChat Overview and Summary

In the matter of Ardex Australia Pty Ltd, the applicant sought approval of the Ardex Australia SA collective agreement 2016. The application was brought before the Fair Work Commission by the applicant, Ardex Australia Pty Ltd, which is seeking to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was opposed by the Building and Construction General On-Site Union, which argued that the agreement did not meet the requirements for approval.

The key legal issues before the court were whether the agreement contained the necessary minimum terms and conditions as required by section 231 of the Fair Work Act, and whether the agreement had been made in good faith. The court had to determine whether the agreement provided for minimum terms and conditions in relation to employees' wages, hours of work, leave, and other entitlements. The court also had to assess whether the agreement had been made in accordance with the good faith bargaining requirements of section 228 of the Fair Work Act.

The Fair Work Commission found that the agreement contained the necessary minimum terms and conditions as required by section 231 of the Fair Work Act. The Commission also found that the agreement had been made in good faith, as the parties had engaged in a genuine process of negotiation and consultation. The Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act. As a result, the application for approval of the Ardex Australia SA collective agreement 2016 was successful.

The Fair Work Commission approved the Ardex Australia SA collective agreement 2016 as a registered agreement under the Fair Work Act. The agreement is now legally binding on all employees covered by the agreement, and employers are required to comply with the terms and conditions set out in the agreement. The decision of the Commission is a significant step forward in promoting fair and effective workplace relations in the construction industry.

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