DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2019/540)

RIDLEY AGRIPRODUCTS PTY. LTD. - CLIFTON - ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MARCH 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty. Ltd. - Clifton - 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that Clauses 28.4 and 25 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7.4 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2019. The nominal expiry date of the Agreement is 8 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ridley AgriProducts Pty Ltd, sought the Fair Work Commission's approval of the Ridley AgriProducts Pty Ltd - Clifton - Enterprise Agreement 2019, which was intended to govern the terms and conditions of employment for its workers. The dispute arose from a disagreement between the employer and the workers' representatives over certain provisions in the proposed agreement. The matter was brought before the Fair Work Commission, which was responsible for evaluating the fairness and appropriateness of the agreement under the Fair Work Act 2009.

The primary legal issues before the Commission involved the fairness of the proposed agreement's provisions. This included assessing whether the agreement met the requirements of the Fair Work Act, specifically whether it provided for a safety net of minimum entitlements, promoted economic efficiency, and was free from coercion and undue influence. The Commission needed to determine if the agreement was appropriately negotiated and whether it provided adequate protections and benefits for the workers.

The Fair Work Commission undertook a thorough review of the agreement, considering various submissions and evidence presented by both parties. The Commission found that the agreement met the necessary requirements for approval under the Fair Work Act. It concluded that the agreement provided for a safety net of minimum entitlements, did not undermine the ability of employees to bargain collectively, and did not involve any unfair terms or undue influence. Consequently, the Commission approved the agreement, finding it to be fair and appropriate for the workers it covered.

The Fair Work Commission approved the Ridley AgriProducts Pty Ltd - Clifton - Enterprise Agreement 2019, effective from the date of the decision. This decision confirmed the agreement as a legally binding contract between the employer and the workers, setting out the terms and conditions of employment for the duration specified in the agreement.

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