ARDEX Australia Pty Ltd

[2019] FWCA 2927

[2019] FWCA 2927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARDEX Australia Pty Ltd
(AG2018/7349)

ARDEX AUSTRALIA VICTORIAN ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 1 MAY 2019

Application for approval of the Ardex Australia Victorian Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ardex Australia Victorian Enterprise Agreement 2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] I note that Notice of Employee Representational Rights (NERR) sent to employees  contains non-prescribed content, it being a superseded version of the NERR. This is content that is not prescribed by the Fair Work Regulations 2009 and therefore contravenes s.174(1A) of the Act. However, I refer to s.188(2) of the Act and am satisfied that this error constitutes a minor technical error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of the error. 1

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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 1   Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.