DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2020/2405)

RIDLEY AGRIPRODUCTS PTY LTD - GUNBOWER - ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 SEPTEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Gunbower - 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] I observe that clauses 28.1.2, 28.8.2 and 30.4.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The United Workers’ Union (UWU) 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 September 2020 and, in accordance with s.54, will operate from 11 September 2020. The nominal expiry date of the Agreement is 23 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Ridley AgriProducts Pty Ltd, sought approval of a proposed enterprise agreement under the Fair Work Act 2009. The respondents were various unions representing the employees. The dispute centred on whether the proposed agreement met the requirements of the Act, particularly in relation to its treatment of employee entitlements and the process by which it was negotiated. The matter was heard in the Fair Work Commission.

The central legal issues revolved around whether the proposed agreement complied with the provisions of the Fair Work Act and whether it was negotiated in good faith. Specifically, the Commission had to consider if the agreement appropriately balanced the interests of the employer and employees, and if the negotiation process was fair and transparent. The Commission also needed to determine if the agreement provided for proper dispute resolution mechanisms and if it contained provisions that were contrary to public policy or that unfairly disadvantaged any party.

The Fair Work Commission found that the proposed agreement did indeed comply with the requirements of the Fair Work Act. The Commission concluded that the agreement was negotiated in good faith and that it appropriately balanced the interests of both the employer and the employees. The agreement provided for adequate dispute resolution mechanisms and did not contain any provisions that were contrary to public policy or unfairly disadvantaged any party. Therefore, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Ridley AgriProducts Pty Ltd - Gunbower - Enterprise Agreement 2020. The agreement now stands as a binding arrangement between the parties, effective from the date of approval.

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