Ridley Agriproducts Pty Ltd

[2025] FWCA 861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ridley Agriproducts Pty Ltd

(AG2025/401)

RIDLEY AGRIPRODUCTS PTY LTD - WASLEYS - ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER PERICA	MELBOURNE, 7 MARCH 2025

Application for approval of the Ridley AgriProducts Pty Ltd - Wasleys - Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Wasleys - Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 7 March 2025. It will operate from 14 March 2025 as required by section 54 of the Act. The nominal expiry date is 7 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Ridley Agriproducts Pty Ltd and the union representing the employees, Wasleys. The union sought approval for the agreement, which had been negotiated with the employer. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it provided for appropriate minimum terms and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the necessary statutory requirements for approval.

The central legal issues that the Commission needed to address were whether the proposed agreement complied with the provisions of the Fair Work Act, particularly regarding the establishment of minimum terms and conditions. Additionally, the Commission had to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes between the parties. The Commission also needed to determine if the agreement met the statutory requirement for independent employee representation and if it provided for appropriate protections for employees.

The Fair Work Commission determined that the proposed agreement did not fully comply with the statutory requirements for approval. The Commission found that the agreement did not adequately address certain minimum terms and conditions, such as pay rates and conditions for casual employees, and did not provide for appropriate dispute resolution mechanisms. Furthermore, the Commission held that the agreement did not ensure that employees had adequate representation, as required by the Act. As a result, the Commission refused to approve the agreement. The Commission's decision was based on a detailed analysis of the provisions of the agreement and the relevant statutory framework.

In light of the Commission's findings, the application for approval of the Ridley AgriProducts Pty Ltd - Wasleys - Enterprise Agreement 2024 was dismissed. The parties were directed to address the deficiencies identified by the Commission and to resubmit the agreement for approval once the necessary changes had been made. The decision underscored the importance of ensuring that enterprise agreements meet all statutory requirements to protect the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established