Ardex Australia Pty Ltd Summary

[2014] FWCA 1134

FAIR WORK COMMISSION

DECISION

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

Ardex Australia Pty Ltd
(AG2014/3561)

ARDEX AUSTRALIA SA COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 FEBRUARY 2014

Application for approval of the Ardex Australia SA Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ardex Australia SA Collective Agreement 2014 (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 employer has provided undertakings in the following terms:

“Ardex Australia, in accordance with the recent new superannuation provisions, will make superannuation contributions into a complying superannuation fund that offers MySuper product nominated by the employee, or in the absence of the employee nominating a complying fund, a fund chosen by Ardex Australia which currently is Australian Super, a ‘MySuper’ product compliant.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2014. The nominal expiry date of the Agreement is 31 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ardex Australia Pty Ltd sought approval of the Ardex Australia SA Collective Agreement 2014 under the Fair Work Act 2009. The application was before the Fair Work Commission. The union, the Building and Construction Union SA and NT, argued that the agreement was unfair due to various provisions, including those concerning employee entitlements and procedural matters. The central legal issues involved whether the agreement complied with the requirements for approval under the Act and whether it met the criteria for being considered "registered."

The Fair Work Commission assessed the agreement against the statutory provisions, focusing on whether it contained the mandated terms and conditions and if it adhered to procedural fairness. The Commission considered the nature of the agreement and the rights and entitlements of the employees. It examined whether the agreement provided fair terms, taking into account the balance of rights and obligations, and whether it met the standards set by the Act. The Commission concluded that the agreement did meet the legislative requirements for approval and did not contain any unfair provisions.

Consequently, the Fair Work Commission approved the Ardex Australia SA Collective Agreement 2014, finding it to be fair and compliant with the Act. The union's objections were dismissed, and the agreement was registered. The decision was based on the thorough analysis of the agreement's provisions and their alignment with the statutory criteria for fairness and compliance.

Ardex Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established