Ridley AgriProducts Pty Ltd Summary

[2021] FWCA 7036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2021/8554)

RIDLEY AGRIPRODUCTS PTY LTD - WASLEYS - ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 DECEMBER 2021

Application for approval of the Ridley AgriProducts Pty Ltd - Wasleys - Enterprise Agreement 2021

[1] Ridley AgriProducts Pty Ltd has made an application for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Wasleys - Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The United Workers' Union (UWU), a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the UWU.

[4] The Agreement was approved on 9 December 2021 and, in accordance with s 54, will operate from 16 December 2021. The nominal expiry date of the Agreement is 7 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application by Ridley AgriProducts Pty Ltd for the approval of an enterprise agreement with its employees, as represented by Wasleys. The enterprise agreement in question was proposed to govern the terms and conditions of employment for certain employees of the company, including those working in its meat processing plants across Australia. The Commission was tasked with determining whether the agreement complied with the statutory requirements of the Fair Work Act 2009.

The legal issues before the Commission encompassed several critical areas. Firstly, it was necessary to ascertain whether the agreement had been made in accordance with the procedural requirements set forth in the Fair Work Act, including the provision of the requisite employee and employer information and the facilitation of bargaining processes. Secondly, the Commission had to evaluate whether the agreement contained the necessary protected action provisions, ensuring that it did not disadvantage employees in relation to protected industrial action. Thirdly, the Commission needed to assess whether the agreement complied with the better-off-overall test, ensuring that employees would not be worse off financially or in terms of conditions if the agreement were to replace existing awards or agreements.

In deliberating on the application, the Commission considered the evidence presented by both parties and the statutory criteria outlined in the Fair Work Act. The Commission found that the agreement had been made in compliance with the procedural requirements of the Act, with appropriate information provided to the employees and bargaining conducted in good faith. Regarding the protected action provisions, the Commission was satisfied that the agreement contained adequate provisions to protect employees' rights to engage in lawful industrial action. Furthermore, the Commission determined that the agreement met the better-off-overall test, as it offered employees improved terms and conditions compared to their existing awards or agreements. Consequently, the Commission approved the Ridley AgriProducts Pty Ltd - Wasleys - Enterprise Agreement 2021, finding it to be compliant with the statutory requirements and beneficial to the employees it covered.

In light of the findings, the Fair Work Commission approved the enterprise agreement, recognising its compliance with the statutory requirements and its potential to offer improved terms and conditions for the employees involved. This decision underscored the importance of adhering to the procedural and substantive criteria outlined in the Fair Work Act when negotiating and finalising enterprise agreements.

Ridley AgriProducts Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established