Ardex Australia Pty Ltd Summary

[2013] FWCA 2097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ardex Australia Pty Ltd
(AG2013/5032)

ARDEX AUSTRALIA VICTORIAN ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 APRIL 2013

Application for approval of the Ardex Australia Victorian Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ardex Australia Victorian Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Ardex Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 12 April 2013. The nominal expiry date of the Agreement is 1 January 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The parties involved in this case were Ardex Australia Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The dispute centred on the application for approval of the Ardex Australia Victorian Enterprise Agreement 2013. This case was heard in the Fair Work Commission, which has jurisdiction to approve, modify, or reject enterprise agreements.

The primary legal issue the court needed to determine was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved assessing whether the agreement contained all the prescribed terms, was made in good faith, and did not discriminate against any employee. Additionally, the court had to consider whether the agreement provided for a fair and efficient workplace and whether it had been appropriately certified by the Australian Building and Construction Commission (ABCC).

The Fair Work Commission found that the Ardex Australia Victorian Enterprise Agreement 2013 met all the necessary criteria. The agreement was comprehensive, containing all prescribed terms and ensuring fair and efficient workplace practices. The court was satisfied that the agreement was made in good faith and did not discriminate against any employee. The ABCC's certification also demonstrated that the agreement had been appropriately reviewed and approved. Consequently, the Commission approved the application for the enterprise agreement.

In summary, the Fair Work Commission granted the application for approval of the Ardex Australia Victorian Enterprise Agreement 2013. The court found that the agreement complied with the Fair Work Act 2009 and met all the necessary criteria for approval, including being comprehensive, made in good faith, and appropriately certified.

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