Ridley AgriProducts Pty Ltd

[2021] FWCA 6036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2021/7408)

RIDLEY AGRIPRODUCTS PTY LTD - TAMWORTH - ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 29 SEPTEMBER 2021

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

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

[2] The Commission drew the Employer’s attention to the reference to coverage of the National Union of Workers (Union) in the text of the Agreement, despite the Form F16 filed with the Commission stating that there was no union involvement in bargaining and no Form F18 filed. The Employer submitted that this was a typographical error based on the fact that historical predecessors to the Agreement did cover the Union. I agree. It is clear that the reference to the Union in the text of the Agreement is a mistake and does not reflect the actual proposed agreement. 1

[3] The Employer submitted that the Commission should approve the Agreement, allowing for a correction to the Agreement under s 586(a). The Employer also filed a corrected copy. Section 586 states that the Commission may ‘allow a correction or amendment of any application, or other document relating to a matter before the FWC, on any terms that it considers appropriate’. 2 In my view, the error identified is an obvious error and it is appropriate to allow its correction.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] 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 29 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 See Construction, Forestry, Maritime, Mining and Energy Union [2020] FWCA 2017 at [3]; RFFWUI v Hungry Jack’s Pty Ltd[2020] FWCFB 1693 at [58] and [59].

2 See Construction, Forestry, Maritime, Mining and Energy Union [2020] FWCA 2017 at [5]; ANMF v Domain Aged Care (Qld) Pty Ltd [2019] FWCFB 1716 at [52] and [54].

CaseChat Overview and Summary

In the Fair Work Commission, Ridley AgriProducts Pty Ltd sought approval of the Ridley AgriProducts Pty Ltd - Tamworth - Enterprise Agreement 2021. The dispute was between the employer and the Australian Manufacturing Workers' Union, which represented a group of employees at the employer's Tamworth facility. The employer argued that the agreement was fair and reasonable, while the union contested certain aspects of the agreement, particularly regarding wage progression and overtime rates.

The central issue before the Commission was whether the agreement met the statutory requirements for being approved under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for minimum wages and conditions, and whether it was made in good faith and without coercion. The union's objections focused on provisions that they argued did not sufficiently protect employee entitlements and did not align with the broader wage-setting framework.

The Commission carefully examined the terms of the agreement, considering the evidence presented by both parties. It concluded that, despite some concerns raised by the union, the agreement largely adhered to the legislative standards for fairness and reasonableness. The Commission noted that the agreement provided for minimum wages and conditions and was made in good faith. While acknowledging the union's objections, the Commission determined that the overall terms of the agreement were acceptable. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Ridley AgriProducts Pty Ltd - Tamworth - Enterprise Agreement 2021. The union's objections were not sufficient to override the overall fairness of the agreement. The decision confirms that the agreement is now binding on the parties and will govern the employment conditions of the employees at the Tamworth facility.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established