DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2018/1401)

RIDLEY AGRIPRODUCTS PTY LTD - LARA - ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 21 JUNE 2018

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

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2018. The nominal expiry date of the Agreement is 20 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Ridley AgriProducts Pty Ltd - Lara - Enterprise Agreement 2018. The application was brought forward by Ridley AgriProducts Pty Ltd, the employer, and the National Union of Workers, the employee representative. The nature of the dispute centred around the procedural fairness of the enterprise agreement negotiation process and whether it complied with the relevant legislative requirements. The Fair Work Commission was tasked with determining these issues.

The legal issues that the Commission had to resolve included whether the agreement was made in accordance with the Fair Work Act 2009 and whether it was negotiated in good faith. The Commission needed to consider whether the negotiation process was transparent, whether all relevant matters were discussed, and if the agreement was properly presented to the employees for their consideration. Furthermore, the Commission examined the fairness of the terms and conditions outlined in the agreement, including pay rates, hours of work, and other employment conditions.

The Fair Work Commission found that the negotiation process was generally conducted in good faith, with both parties engaging in meaningful discussions and addressing relevant matters. The Commission determined that the agreement was properly presented to the employees, allowing them due consideration. The Commission also found that the terms and conditions of the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the employees' needs. Consequently, the Commission approved the Ridley AgriProducts Pty Ltd - Lara - Enterprise Agreement 2018, recognising its compliance with the Fair Work Act 2009 and its fairness for both the employer and employees.

The final orders of the Fair Work Commission included the approval of the Ridley AgriProducts Pty Ltd - Lara - Enterprise Agreement 2018, effective from the date of the decision. The Commission directed that the agreement would be registered with the Fair Work Commission and would apply to the relevant employees. The decision also provided that any disputes arising from the agreement would be subject to the procedures outlined within the agreement and the Fair Work Act 2009. The approval of the agreement was seen as a positive outcome for both the employer and employees, providing a clear and fair framework for their ongoing relationship.

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