DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2021/4594)

RIDLEY AGRIPRODUCTS PTY LTD - LARA – ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 APRIL 2021

Application for approval of the Ridley AgriProducts Pty Ltd - Lara – Enterprise Agreement 2020.

[1] Ridley AgriProducts Pty Ltd has made an application for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Lara – Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 April 2021 and, in accordance with s 54, will operate from 30 April 2021. The nominal expiry date of the Agreement is 29 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Ridley AgriProducts Pty Ltd involved an application for the approval of a proposed enterprise agreement, known as the Ridley AgriProducts Pty Ltd - Lara – Enterprise Agreement 2020. The agreement in question aimed to govern the employment terms and conditions of employees at the Lara manufacturing site of Ridley AgriProducts Pty Ltd. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions, including minimum rates of pay and other entitlements.

The central legal issue was whether the proposed agreement complied with the statutory requirements for approval. This included an assessment of whether the agreement provided for fair and reasonable terms and conditions in accordance with the Fair Work Act. The commission needed to consider whether the proposed terms and conditions were consistent with the safety net provisions, and whether they met the standards set by the relevant industrial instruments. Additionally, the commission had to determine whether the agreement had been made in good faith and whether it contained the necessary protections and benefits for employees.

In reaching its decision, the commission examined the proposed terms and conditions of the agreement, comparing them against the safety net standards set by the Fair Work Act. The commission also took into account submissions from the parties involved and any relevant industrial awards or agreements that could influence the terms. After careful consideration, the commission found that the proposed agreement met the statutory requirements for approval. The commission concluded that the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and other entitlements, and that it had been made in good faith. The agreement was thus approved and registered under the Fair Work Act.

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