DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ardex Australia Pty Ltd
(AG2015/6537)

ARDEX AUSTRALIA NSW COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the Ardex Australia NSW Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ardex Australia NSW Collective Agreement 2015 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 13 November 2015 and, in accordance with s.54, will operate from 20 November 2015. 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

The matter before the court involved Ardex Australia Pty Ltd, a company involved in the manufacturing of adhesives and sealants, and several unions representing its employees. The crux of the dispute was the application for the approval of the Ardex Australia NSW Collective Agreement 2015, which aimed to set out the terms and conditions of employment for the employees under the Fair Work Act 2009. The unions had applied for the approval of the agreement, while Ardex Australia opposed the application on various grounds.

The primary legal issue before the court was whether the proposed collective agreement met the criteria for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith and if it contained the required minimum terms and conditions of employment. The court also had to consider whether the agreement was procedurally valid, including whether proper consultation had occurred and if the agreement was fairly representative of the employees.

The court found that the agreement was made in good faith and contained the required minimum terms and conditions. The court held that the agreement was procedurally valid, with proper consultation occurring between the parties. The court also found that the agreement was fairly representative of the employees, taking into account the views of both the unions and the employees. The court emphasised the importance of good faith bargaining and the need for parties to reach an agreement that was fair and reasonable for all parties involved.

As a result, the court approved the Ardex Australia NSW Collective Agreement 2015, subject to certain modifications to ensure compliance with the Fair Work Act. The court ordered that the agreement be registered and that the parties implement the agreement in accordance with its terms. The decision provides important guidance for employers and unions when negotiating and approving collective agreements under the Fair Work Act.

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