DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ardex Australia Pty Ltd
(AG2018/7091)

ARDEX AUSTRALIA WA ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 18 APRIL 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Ardex Australia WA 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] 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.

[3] 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ardex Australia Pty Ltd recently had its proposed enterprise agreement, the Ardex Australia WA Enterprise Agreement 2019, under review in the Fair Work Commission. The application was brought by the company, and the Australian Council of Trade Unions sought to intervene in the matter. The primary dispute centred around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The Act requires that the agreement addresses the enterprise's employees' pay and conditions and is in the interests of the employees.

The legal issues before the Commission included whether the agreement adequately covered the terms of employment, including pay rates, hours of work, leave provisions, and other conditions of employment. The Commission also needed to consider whether the agreement provided for a proper process for the resolution of disputes and if it included appropriate safeguards for employees. Another critical issue was whether the agreement had been negotiated in good faith and if it provided fair and reasonable terms for the employees. The Commission further had to assess if the agreement met the requirement of being fair and applicable to the employees covered by it.

The Fair Work Commission, after reviewing the proposed agreement and the submissions from both parties, found that the Ardex Australia WA Enterprise Agreement 2019 met the necessary criteria for approval. The Commission determined that the agreement adequately addressed the terms and conditions of employment and contained provisions for dispute resolution. It also found that the agreement had been negotiated in good faith and provided fair and reasonable terms for the employees. The Commission concluded that the proposed agreement was in the interests of the employees and approved the application for its registration.

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