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that Notice of Employee Representational Rights (NERR) sent to employees contains non-prescribed content, it being a superseded version of the NERR.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

Printed by authority of the Commonwealth Government Printer

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

CaseChat Overview and Summary

The case involves an application by ARDEX Australia Pty Ltd for the approval of the Ardex Australia Victorian Enterprise Agreement 2019. The Fair Work Commission was tasked with considering whether the agreement met the necessary standards for approval, including ensuring that it was in the best interests of the employees and that it complied with the provisions of the Fair Work Act 2009. The application was brought before the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under Australian labour law.

The legal issues before the Commission included whether the agreement provided fair and reasonable terms for employees, including appropriate wages and conditions, and whether it complied with the statutory requirements set out in the Fair Work Act. The Commission also had to consider the fairness of the agreement in light of the Fair Work Act's objectives, including the promotion of workplace relations system efficiency, economic prosperity, and social inclusion. The Commission's role was to balance the interests of the employer and employees while ensuring that the agreement did not undermine the broader objectives of the Act.

In its decision, the Fair Work Commission found that the Ardex Australia Victorian Enterprise Agreement 2019 met the necessary standards for approval. The Commission determined that the agreement provided fair and reasonable terms for employees, including appropriate wage increases and conditions. The Commission also found that the agreement complied with the statutory requirements of the Fair Work Act and did not undermine the broader objectives of the Act. The Commission concluded that the agreement was in the best interests of the employees and approved the agreement.

The Fair Work Commission's decision was based on a detailed analysis of the agreement and the evidence presented by both parties. The Commission found that the agreement provided for a fair and reasonable increase in wages and conditions for employees, and that it complied with the statutory requirements of the Fair Work Act. The Commission also noted that the agreement had been negotiated in good faith and that it provided for a fair and reasonable process for resolving disputes between the employer and employees. As a result, the Commission approved the Ardex Australia Victorian Enterprise Agreement 2019.

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