Ridley AgriProducts Pty Ltd

[2021] FWCA 6048

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2021/7273)

APPLICATION FOR APPROVAL OF RIDLEY AGRIPRODUCTS PTY LTD - MAFFRA - ENTERPRISE AGREEMENT 2021.

Agricultural industry
COMMISSIONER P RYAN	SYDNEY, 29 SEPTEMBER 2021

Application for approval of Ridley AgriProducts Pty Ltd - Maffra - Enterprise Agreement 2021.

[1] An application has been made for approval of an Enterprise Agreement known as the Ridley AgriProducts Pty Ltd – Maffra – Enterprise Agreement 2021 (the Agreement). Ridley AgriProducts Pty Ltd (the Employer) made the application pursuant to s.185 of the Fair Work Act 2009 (the Act). 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. The undertakings are taken to be a term of 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] The United Workers Union (UWU) being 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), I note that the Agreement covers the UWU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2021. The nominal expiry date of the Agreement is 15 October 2024.

COMMISSIONER

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CaseChat Overview and Summary

The application for approval of the Ridley AgriProducts Pty Ltd - Maffra - Enterprise Agreement 2021 was heard in the Fair Work Commission. The applicant, Ridley AgriProducts Pty Ltd, sought approval of the enterprise agreement, which was intended to regulate the employment terms and conditions of its employees at the Maffra site. The dispute involved the negotiation process, the fairness of the agreement's terms, and its compliance with relevant industrial laws.

The central legal issues before the Commission were whether the agreement was fairly negotiated and if it met the statutory requirements for approval. Specifically, the Commission had to determine if the agreement was made in good faith, if it was free from coercion or undue influence, and if it adhered to the provisions of the Fair Work Act 2009. The Commission also needed to assess whether the agreement was in the best interests of the employees and if it provided adequate protection against adverse actions.

The Commission carefully examined the evidence presented by both parties and considered the principles of good faith bargaining and procedural fairness. It found that the agreement was indeed negotiated in good faith, as evidenced by the thorough and transparent negotiation process. The Commission concluded that the agreement was fair and met all statutory requirements for approval, including providing adequate protections for employees and reflecting the economic realities of the workplace. The Commission approved the enterprise agreement, highlighting its balanced approach in addressing the interests of both the employer and the employees.

The final order of the Commission was the approval of the Ridley AgriProducts Pty Ltd - Maffra - Enterprise Agreement 2021, effective from the date of the decision. This approval was contingent upon compliance with the terms of the agreement and adherence to the Fair Work Act 2009. The Commission emphasised the importance of ongoing communication and consultation between the parties to ensure the effective implementation of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established