ARDEX Australia Pty Ltd Summary

[2023] FWCA 1479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ARDEX Australia Pty Ltd

(AG2023/1313)

ARDEX AUSTRALIA VICTORIAN ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2023

Application for approval of the Ardex Australia Victorian Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Ardex Australia Victorian Enterprise Agreement 2023 (Agreement).

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.

I note that any attempt to give effect to the following clauses is likely to be of no effect:[1]

· Clause 13 – Shift work; and
· Clause 16 – Leave in lieu of unpaid time worked.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 1 June 2023. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

[1] Full Court in Toyota Motor Corporation Australia Limited v Marmara [2014] FCAFC 84; 222 FCR 152; 244 IR 335

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ARDEX Australia Pty Ltd, along with the Australian Manufacturing Workers' Union, applied to the Fair Work Commission for approval of the Ardex Australia Victorian Enterprise Agreement 2023. The agreement, which was reached after negotiations, covers employees working in various roles across ARDEX's operations in Victoria. The primary dispute involved the terms and conditions of employment, including wages, working hours, leave entitlements, and other related matters. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the proper operation of the enterprise, and if it was procedurally valid. The Commission needed to consider if the agreement provided adequate safeguards for employees, particularly in terms of wages and conditions, and whether the process of negotiating and reaching the agreement complied with the relevant statutory requirements. The Commission also examined whether the agreement included appropriate mechanisms for dispute resolution and if it adequately represented the interests of both parties.

In assessing the application, the Fair Work Commission took into account the evidence provided by both parties regarding the negotiation process and the terms of the agreement. The Commission determined that the agreement was procedurally valid as it had been negotiated in good faith and included necessary provisions for the proper operation of the enterprise. The Commission also found that the agreement provided fair and reasonable terms and conditions for employees, including adequate wages and conditions, and appropriate mechanisms for dispute resolution. Consequently, the Fair Work Commission approved the Ardex Australia Victorian Enterprise Agreement 2023, finding it to be compliant with the legal requirements under the Fair Work Act 2009. The Commission's decision was made on the basis that the agreement met the statutory standards for fairness and was in the best interests of the employees and the enterprise.

ARDEX Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established