DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2018/3351)

RIDLEY AGRIPRODUCTS PTY LTD – TERANG - ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Ridley AgriProducts Pty Ltd - Terang - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Terang - Enterprise Agreement 2018 (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 28 December 2018. The nominal expiry date of the Agreement is 14 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Ridley AgriProducts Pty Ltd - Terang - Enterprise Agreement 2018. The dispute arose from the negotiation and subsequent application for the approval of an enterprise agreement between Ridley AgriProducts Pty Ltd and its employees at the Terang site. The employees were represented by the Transport Workers Union of Australia.

The central legal issue that the commission had to address was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement complied with the procedural fairness provisions, if it was made in good faith, and if it contained the necessary minimum terms and conditions of employment. Furthermore, the commission considered whether the agreement was appropriately made without coercion, duress, or any other form of unfair labour practice.

The commission found that the agreement was made in good faith and adhered to the necessary procedural fairness requirements. It was determined that the agreement was appropriately negotiated and did not involve any coercion or duress. The commission also confirmed that the agreement included all the mandated minimum terms and conditions as stipulated by the Fair Work Act 2009. Consequently, the commission approved the Ridley AgriProducts Pty Ltd - Terang - Enterprise Agreement 2018.

The commission's decision was communicated to the parties, and the enterprise agreement was duly approved and registered. This ruling ensures that the agreement will govern the employment conditions of the workers at the Terang site, providing a clear framework for their terms and conditions of employment.

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