DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty. Ltd.
(AG2019/3179)

RIDLEY AGRIPRODUCTS PTY LTD - NARANGBA - ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 8 NOVEMBER 2019

Application for approval of the Ridley AgriProducts Pty Ltd - Narangba - Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Narangba - Enterprise Agreement 2019 (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 National Union of Workers 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 is approved and, in accordance with s.54 of the Act, will operate from 15 November 2019. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, Ridley AgriProducts Pty Ltd applied to the Fair Work Commission for the approval of the Ridley AgriProducts Pty Ltd - Narangba - Enterprise Agreement 2019. The application was brought in response to the parties' negotiation of a new enterprise agreement. The dispute centred on the terms of the proposed agreement, specifically whether it complied with the relevant provisions of the Fair Work Act 2009. The parties involved were Ridley AgriProducts Pty Ltd, the employer, and its employees represented by the Australian Manufacturing Workers Union.

The legal issues before the court were whether the proposed enterprise agreement was a "better off overall test" (BOOT) compliant agreement, and whether it complied with the procedural requirements set out in the Fair Work Act 2009. The court needed to determine if the agreement provided employees with a fair and reasonable outcome compared to their previous terms and conditions, and if the negotiation and agreement process followed the necessary legislative requirements. Additionally, the court considered if the agreement adequately covered all mandatory bargaining items and whether it was in compliance with the general protections provisions of the Fair Work Act 2009.

The court found that the proposed enterprise agreement was BOOT compliant, as it provided employees with improved terms and conditions when compared to their previous agreement. The court considered the financial and non-financial benefits of the agreement, and found that it was reasonable and fair for the employees. The court also found that the negotiation and agreement process followed the procedural requirements set out in the Fair Work Act 2009. The agreement covered all mandatory bargaining items, and the court found that it was in compliance with the general protections provisions of the Fair Work Act 2009.

Accordingly, the Fair Work Commission approved the Ridley AgriProducts Pty Ltd - Narangba - Enterprise Agreement 2019. This decision confirms the importance of ensuring that enterprise agreements provide employees with fair and reasonable outcomes, and that the negotiation and agreement process adheres to the relevant legislative requirements. The approval of the agreement also highlights the significance of covering all mandatory bargaining items and complying with the general protections provisions of the Fair Work Act 2009.

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