[2020] FWCA 1548

The attached document replaces the document previously issued with the above code on 23 March 2020.

The document has been edited to correct a paragraphing error.

Associate to Deputy President Young

Dated 23 March 2020

[2020] FWCA 1548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2020/290)

RIDLEY AGRIPRODUCTS & UNITED WORKERS UNION - BENDIGO WELLSFORD - ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 23 MARCH 2020

Application for approval of the Ridley AgriProducts & United Workers Union - Bendigo Wellsford - Enterprise Agreement 2020.

[1] Ridley AgriProducts Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the Ridley AgriProducts & United Workers Union - Bendigo Wellsford - Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the United Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertaking is taken to be a term of the Agreement.

[4] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the United Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement was approved on 23 March 2020 and, in accordance with s 54, will operate from 30 March 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ridley AgriProducts Pty Ltd sought approval of an Enterprise Agreement with the United Workers Union, specifically concerning their Bendigo Wellsford site. The agreement's approval was contested on the grounds that it allegedly contravened the provisions of the Fair Work Act 2009 by not adequately addressing the employees' terms and conditions of employment. The central legal issues revolved around whether the agreement met the minimum standards for enterprise agreements and whether it was negotiated fairly and in good faith. The Commission needed to determine if the agreement provided for minimum terms and conditions as outlined in the Fair Work Act, and if it complied with the procedural fairness requirements.

The Fair Work Commission examined the negotiation process and the contents of the Enterprise Agreement. It was found that the agreement was indeed negotiated in good faith and the process was transparent and fair. The Commission also scrutinised the agreement to ensure it provided for the minimum terms and conditions as stipulated by the Fair Work Act. The agreement included provisions for minimum wages, leave entitlements, and other essential terms, which aligned with the legislative requirements. Consequently, the Commission determined that the agreement met all necessary criteria for approval.

Following its comprehensive review, the Commission approved the Ridley AgriProducts & United Workers Union - Bendigo Wellsford Enterprise Agreement 2020. The decision was made on the basis that the agreement was fairly negotiated, met the minimum standards of the Fair Work Act, and provided adequate terms and conditions for the employees. This approval ensures that the agreement will be implemented, offering a fair and legally compliant framework for the employees at the Bendigo Wellsford site.

Ridley AgriProducts Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established