DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ardex Australia Pty Ltd
(AG2015/7047)

ARDEX AUSTRALIA WA ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 27 JANUARY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Ardex Australia WA 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] 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 27 January 2016 and, in accordance with s.54, will operate from 3 February 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 Ardex Australia Pty Ltd, the Fair Work Commission considered an application for the approval of the Ardex Australia WA Enterprise Agreement 2016. The application arose from a dispute concerning the proposed changes to the agreement, which was initially negotiated and entered into under the auspices of the Fair Work Act 2009. The application was brought forward by Ardex Australia Pty Ltd, the employer, seeking the Commission's approval of the changes to ensure they met the legislative requirements for enterprise agreements.

The central legal issues before the Commission were whether the changes to the agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission had to determine if the changes were genuinely negotiated, if the agreement provided for the proper classification of employees, and if it adhered to the provisions regarding minimum terms and conditions of employment. Additionally, the Commission had to consider if the agreement would promote simplification and deregulation and if it would otherwise be in the best interests of the employees.

The Commission found that the changes to the Ardex Australia WA Enterprise Agreement 2016 were genuinely negotiated and complied with the requirements of the Fair Work Act. The agreement was found to provide for the proper classification of employees and contained provisions that aligned with the minimum terms and conditions as stipulated by the Act. Furthermore, the Commission concluded that the changes would facilitate simplification and deregulation and would be in the best interests of the employees. As a result, the Commission approved the application and certified the amended agreement as meeting the necessary standards.

The Fair Work Commission approved the Ardex Australia WA Enterprise Agreement 2016, with the changes made to the original agreement. The decision confirmed the agreement's compliance with the Fair Work Act and recognised the benefits of the changes for both the employer and the employees. The Commission's decision provides clarity and certainty for future negotiations and agreements between the parties, ensuring that the agreement remains in line with the legislative framework.

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