| [2018] FWCA 7520 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ridley AgriProducts Pty. Ltd.
(AG2018/3821)
RIDLEY AGRIPRODUCTS & NATIONAL UNION OF WORKERS - BENDIGO - ENTERPRISE AGREEMENT 2018
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER GREGORY | MELBOURNE, 11 DECEMBER 2018 |
Application for approval of the Ridley AgriProducts & National Union of Workers - Bendigo - Enterprise Agreement 2018.
An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts & National Union of Workers - Bendigo - 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.
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.
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 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 is approved and, in accordance with s.54 of the Act, will operate from 18 December 2018. The nominal expiry date of the Agreement is 30 June 2021.
COMMISSIONER
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Annexure A
- AGLC
- Ridley AgriProducts Pty. Ltd. [2018] FWCA 7520
- Case
- [2018] FWCA 7520
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were primarily whether the agreement met the statutory requirements for approval under the Fair Work Act and whether it adhered to the principles of good faith bargaining and fairness. Specifically, the court needed to determine if the agreement provided fair and reasonable terms for the employees, and if it was genuinely negotiated between the parties. Additionally, the court considered whether the agreement complied with the provisions of the Act that require agreements to be in writing and to be certified by the Commission.
In its reasoning, the court noted that the agreement in question had been negotiated in good faith and reflected a fair and reasonable outcome for both the employer and the employees. The Commission found that the terms of the agreement were consistent with the statutory requirements and did not contravene any provisions of the Fair Work Act. It was also determined that the agreement provided for appropriate protections and benefits for the employees, and that the process of negotiation was transparent and fair. Based on these findings, the court approved the enterprise agreement.
Consequently, the Fair Work Commission made an order approving the Ridley AgriProducts & National Union of Workers - Bendigo - Enterprise Agreement 2018. This decision ensures that the terms and conditions of employment as outlined in the agreement are legally binding and enforceable. The approval signifies that the agreement is in compliance with the requirements of the Fair Work Act and that it provides a fair outcome for all parties involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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