Ridley AgriProducts Pty Ltd

[2019] FWCA 6948

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd

(AG2019/3347)

Ridley AgriProducts Pty Ltd & National Union of Workers - Pakenham – Enterprise Agreement 2019

Agricultural industry
Commissioner Cirkovic	MELBOURNE, 8 OCTOBER 2019

Application for approval of the Ridley AgriProducts Pty Ltd & National Union of Workers - Pakenham - Enterprise Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd & National Union of Workers - Pakenham - 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.

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.

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. 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.

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.

The Agreement was approved on 8 October 2019 and, in accordance with s.54, will operate from 15 October 2019. The nominal expiry date of the Agreement is 22 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Ridley AgriProducts Pty Ltd for the approval of an enterprise agreement. The agreement, titled the Ridley AgriProducts Pty Ltd & National Union of Workers - Pakenham - Enterprise Agreement 2019, was negotiated between the company and the union representing the employees. The nature of the dispute was to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues addressed by the court were whether the agreement was made in good faith, whether it contained the necessary minimum entitlements, and whether it was fairly negotiated. The court needed to ensure that the agreement did not adversely affect employees’ terms and conditions of employment and that it complied with the statutory provisions regarding the protection of employees’ rights. The court also had to consider if there was any coercion or improper conduct during the negotiation process.

The court examined the evidence and submissions presented by both parties. It found that the agreement was made in good faith and did not contain any provisions that would unjustifiably harm the employees. The court confirmed that the agreement met all the statutory requirements for approval. It was noted that the negotiation process was transparent, and no coercion or improper conduct was found. Based on this, the court approved the enterprise agreement, ensuring that it would now govern the terms and conditions of employment for the relevant employees.

The final orders of the court were to approve the Ridley AgriProducts Pty Ltd & National Union of Workers - Pakenham - Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms. This decision ensured that the agreement would be legally binding and enforceable, providing a framework for the ongoing employment relationship between the company and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established