DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2018/6454)

RIDLEY AGRIPRODUCTS PTY LTD - WASLEYS - ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 20 FEBRUARY 2019

Application for approval of the Ridley Agriproducts Pty Ltd - Wasleys - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ridley Agriproducts Pty Ltd - Wasleys - Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 7 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Ridley AgriProducts Pty Ltd, seeking approval of the Ridley Agriproducts Pty Ltd - Wasleys - Enterprise Agreement 2018. The dispute arose in the Fair Work Commission, Australia's industrial relations tribunal. The primary issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was genuinely negotiated and provided adequate protections for employees, while also ensuring it did not undermine the industrial system.

In examining the agreement, the Commission considered several factors, including whether the agreement was made in good faith, provided for the efficient determination of terms and conditions, and ensured that the terms and conditions were fair. The Commission also scrutinised whether the agreement included provisions that went beyond the minimum entitlements required by the relevant awards or registered agreements, ensuring that it did not disadvantage employees. The evidence presented by both parties, along with submissions on the terms and protections offered, were central to the Commission's analysis.

After reviewing the evidence and submissions, the Commission found that the agreement was genuinely negotiated and provided fair terms and conditions for employees. The agreement included provisions that went beyond the minimum entitlements, such as additional leave entitlements and provisions for dispute resolution. The Commission concluded that the agreement did not undermine the industrial system and met the criteria for approval. Consequently, the Commission approved the Ridley Agriproducts Pty Ltd - Wasleys - Enterprise Agreement 2018, confirming it as a valid and effective enterprise agreement.

The final order of the Commission was the approval of the Ridley Agriproducts Pty Ltd - Wasleys - Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, making it binding on the parties and applicable to the employees covered by the agreement. This decision provided clarity and legal certainty regarding the terms and conditions of employment for the affected employees, ensuring that the agreement would govern their working relationship going forward.

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