DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2021/5264)

RIDLEY AGRIPRODUCTS PTY LTD - ST ARNAUD - ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 31 MAY 2021

Application for approval of the Ridley AgriProducts Pty Ltd - St Arnaud - Enterprise Agreement 2021.

[1] Ridley AgriProducts Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - St Arnaud - 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 26 May 2021, my Chambers contacted the parties to seek clarification about the date the Applicant issued the Notice of Employee Representational Rights. By the Applicant’s reply of 28 May 2021, I accept that the issue was caused by a typographical error in the application forms, and which has now been corrected.

[3] The “United Workers’ Union”, 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) of the Act I note that the Agreement covers this organisation.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 12 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was called upon to decide on an application for the approval of an enterprise agreement between Ridley AgriProducts Pty Ltd and its employees. The agreement in question, the Ridley AgriProducts Pty Ltd - St Arnaud - Enterprise Agreement 2021, was proposed by the employer as a means of regulating employment conditions for a specified group of employees. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues the Commission had to address included whether the agreement contained all the mandated terms and conditions, whether it was free from any unfair content, and whether it had been made in accordance with the procedural requirements set forth in the Fair Work Act. Additionally, the Commission had to consider whether the agreement was likely to lead to improved workplace relations and if it offered fair and reasonable terms and conditions for the employees.

In deliberating on these issues, the Commission assessed the evidence and submissions presented by both parties. It examined the terms of the agreement to ensure they complied with the statutory obligations and were fair and reasonable. The Commission concluded that the agreement was procedurally sound and contained all the mandatory terms and conditions. It found that the agreement was free from any unfair content and was likely to contribute to better workplace relations. Based on this assessment, the Commission approved the agreement, finding it to be in the best interests of the employees.

Consequently, the Fair Work Commission issued an order approving the Ridley AgriProducts Pty Ltd - St Arnaud - Enterprise Agreement 2021. The agreement was set to take effect from the date of the approval, governing the employment conditions for the relevant employees as per the terms outlined in the agreement.

Ridley AgriProducts 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