Ardex Australia Pty Ltd

[2023] FWCA 594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ardex Australia Pty Ltd

(AG2023/185)

ARDEX AUSTRALIA WA ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 FEBRUARY 2023

Application for approval of the Ardex Australia WA ENTERPRISE AGREEMENT 2023

An application has been made for approval of an enterprise agreement known as the Ardex Australia WA 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 2 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

In the case of Ardex Australia Pty Ltd, the applicant sought the court's approval of the Ardex Australia WA Enterprise Agreement 2023. The application was made under the Fair Work Act 2009, and the matter was heard by the Federal Circuit and Family Court of Australia. The primary dispute centred around the provisions and implications of the proposed enterprise agreement between Ardex Australia Pty Ltd and its employees in Western Australia.

The central legal issues that the court needed to address included whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the procedural fairness, the coverage of the agreement, and the terms and conditions it established. The court had to determine if the agreement met the criteria for being "better off overall" for the employees and if the process of negotiating and finalising the agreement was conducted fairly and in good faith.

The court examined the evidence presented regarding the negotiation process and the content of the agreement. It found that the agreement was the result of a fair negotiation process and that it provided for terms and conditions that were better off overall for the employees. The court considered the fairness of the terms, the coverage of the agreement, and the compliance with the procedural requirements. Ultimately, the court was satisfied that the agreement met all the necessary criteria and approved it. The court's approval was granted, and the Ardex Australia WA Enterprise Agreement 2023 was formally approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established