DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ardex Australia Pty Ltd
(AG2018/6670)

ARDEX AUSTRALIA NSW COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 28 JUNE 2019

Application for approval of the Ardex Australia NSW Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ardex Australia NSW Collective Agreement 2018 (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] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.

[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 is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 31 December 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ardex Australia Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval of the Ardex Australia NSW Collective Agreement 2018. The application was brought by Ardex Australia Pty Ltd, with the Construction, Forestry, Maritime, Mining and Energy Union acting as the relevant trade union. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining the legality of the proposed agreement and its adherence to the statutory requirements.

The central legal issues before the Commission involved whether the proposed agreement met the necessary criteria for approval under the Fair Work Act. This included assessing whether the agreement had been made in good faith, whether it contained only permissible terms and conditions, and whether it complied with specific provisions regarding the treatment of employees. The Commission also had to consider whether the agreement adequately addressed the needs and interests of both the employees and the employer, ensuring a fair balance was struck.

In delivering its decision, the Commission meticulously reviewed the terms of the proposed agreement and the evidence presented by both parties. The Commission found that the agreement was made in good faith and contained only lawful terms and conditions. It also determined that the agreement was fair and balanced, taking into account the interests of both employees and the employer. Consequently, the Commission approved the Ardex Australia NSW Collective Agreement 2018, finding it to be compliant with all statutory requirements.

The Fair Work Commission's final orders were that the Ardex Australia NSW Collective Agreement 2018 be approved and registered under the Fair Work Act. This decision provided clarity and legal certainty for both Ardex Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union, allowing them to proceed with the implementation of the agreed terms.

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