Ridley AgriProducts Pty Ltd

[2021] FWCA 2879

[2021] FWCA 2879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2021/4658)

RIDLEY AGRIPRODUCTS PTY LTD - TERANG - ENTERPRISE AGREEMENT 2021

Agricultural industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 MAY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Terang - Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ridley AgriProducts Pty Ltd. 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. Pursuant to s.201(3), 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement lodged contained an error on page 41. On 3 May 2021, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement was approved on 19 May 2021 and, in accordance with s.54, will operate from 26 May 2021. The nominal expiry date of the Agreement is 14 July 2024.

COMMISSIONER

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Annexure A