DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2020/3422)

RIDLEY AGRIPRODUCTS PTY LTD – TAREE – ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 3 DECEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Taree - Enterprise Agreement 2020 (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. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2020. The nominal expiry date of the Agreement is 8 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was called upon to approve the Ridley AgriProducts Pty Ltd - Taree - Enterprise Agreement 2020, a proposed agreement between Ridley AgriProducts Pty Ltd and its employees at the Taree site. The agreement was to govern the terms and conditions of employment for the employees, including matters such as wages, hours of work, leave entitlements, and other workplace conditions. The application for approval was made by Ridley AgriProducts Pty Ltd, while the Australian Manufacturing Workers' Union and the Transport Workers Union opposed the approval.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest, as per section 235(1)(a) of the Act, and whether it provided for fair and reasonable terms and conditions of employment, in accordance with section 235(1)(b). The Commission also needed to consider whether the agreement was made in good faith, as required by section 231 of the Act.

The Commission found that the proposed agreement was in the public interest and provided for fair and reasonable terms and conditions of employment. The agreement was made in good faith, and the parties had engaged in genuine negotiations. The Commission noted that the agreement provided for a range of protections for employees, including minimum wage rates, leave entitlements, and provisions for the resolution of disputes. The Commission also considered the impact of the agreement on the employees' ability to balance their work and personal lives, and found that it provided for reasonable working hours and flexibility.

In light of the findings, the Fair Work Commission approved the Ridley AgriProducts Pty Ltd - Taree - Enterprise Agreement 2020. The agreement will now govern the terms and conditions of employment for the employees at the Taree site, and will be in effect from the date of the Commission's decision. The Commission's decision provides certainty for both the employer and employees, and ensures that the agreement is fair and reasonable.

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