DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2019/1490)

RIDLEY AGRIPRODUCTS PTY LTD - TOWNSVILLE - ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Townsville - 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2019. The nominal expiry date of the Agreement is 30 March 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 the Ridley AgriProducts Pty Ltd - Townsville - Enterprise Agreement 2019. The application for approval was made by the employer, and the Australian Manufacturing Workers’ Union was the only registered organisation party to the agreement. The primary concern of the union was the classification of employees under the agreement, which they argued was not adequately protected and could lead to potential exploitation.

The legal issue before the Commission was whether the enterprise agreement provided adequate protections for employees' classification, particularly in light of the potential for changes in work practices that might lead to reclassification. The Commission had to determine if the agreement met the requirements under the Fair Work Act 2009, ensuring it did not adversely affect employees' terms and conditions of employment. The union argued that the agreement failed to protect employees from potential reclassification and the associated adverse effects on their employment terms.

The Commission examined the agreement's provisions concerning employee classification and reclassification. It found that the agreement did not explicitly address potential changes in work practices that could lead to reclassification. However, the Commission concluded that the agreement's broad language and the context in which it was made provided sufficient protection against such changes. The Commission approved the agreement, noting that while the union's concerns were valid, the agreement's terms, when read as a whole, adequately safeguarded employees' interests.

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