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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Ridley AgriProducts Pty Ltd for approval of an enterprise agreement, titled the Ridley AgriProducts Pty Ltd - Terang - Enterprise Agreement 2021. The dispute centred on the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The application was heard by the Fair Work Commission, which holds jurisdiction over such matters under the Fair Work Act.

The legal issues before the Commission included whether the agreement was made in accordance with the requirements of the Fair Work Act, whether it contained terms and conditions that were procedurally and substantively fair, and whether it adhered to the process of genuine agreement. The applicant argued that the agreement was the result of genuine negotiations and contained terms and conditions that were fair and reasonable. The Commission needed to assess whether there was evidence of genuine agreement, and if the terms and conditions of the agreement met the criteria for procedural and substantive fairness.

The Fair Work Commission, after reviewing the evidence presented, found that the agreement was made in compliance with the Fair Work Act. The Commission was satisfied that the process of negotiation was genuine and that the parties had engaged in good faith bargaining. The terms and conditions of the agreement were also considered to be procedurally and substantively fair. The Commission noted that the agreement provided for appropriate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Therefore, the Commission approved the Ridley AgriProducts Pty Ltd - Terang - Enterprise Agreement 2021.

The Fair Work Commission ordered that the Ridley AgriProducts Pty Ltd - Terang - Enterprise Agreement 2021 be approved and registered, effective from the date of the decision. This decision ensures that the terms and conditions of the agreement are binding on the parties and provides a framework for industrial relations between the applicant and its employees covered by the agreement. The approval by the Commission signifies that the agreement meets the statutory requirements and is fair and reasonable for the parties involved.

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