Ardex Australia Pty Ltd

[2023] FWCA 664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ardex Australia Pty Ltd

(AG2023/198)

Ardex Australia QLD Enterprise Agreement 2023

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 MARCH 2023

Application for approval of the Ardex Australia QLD Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Ardex Australia QLD Enterprise Agreement 2023 (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.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2023. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Ardex Australia Pty Ltd involved the application for the approval of the Ardex Australia Queensland Enterprise Agreement 2023. The applicant, Ardex Australia Pty Ltd, sought approval from the Fair Work Commission for the proposed enterprise agreement, which was intended to govern the terms and conditions of employment for employees within the Queensland branch of the company. The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issue the court had to address was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement complied with the minimum standards for pay and conditions, and whether it contained provisions that would be detrimental to employees or contrary to public policy. The court also needed to consider whether the agreement had been genuinely negotiated between the employer and the employees' representatives, and whether it had been properly certified by the relevant union or employee representatives.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was compliant with the statutory requirements. The court held that the agreement provided for fair and reasonable terms and conditions of employment, and did not include any provisions that would be detrimental to employees or contrary to public policy. The Commission was satisfied that the agreement had been genuinely negotiated between the employer and the employees' representatives, and that it had been properly certified. Therefore, the court approved the application for the approval of the Ardex Australia Queensland Enterprise Agreement 2023.

The Fair Work Commission's final orders included the approval of the Ardex Australia Queensland Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered by the Fair Work Commission and would apply to all employees covered by the agreement. The court also ordered that the agreement would remain in force until superseded by a new agreement or terminated in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established