| [2018] FWCA 2981 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ridley AgriProducts Pty Ltd
(AG2018/1170)
RIDLEY AGRIPRODUCTS PTY LTD - ST ARNAUD - ENTERPRISE AGREEMENT 2018
Food, beverages and tobacco manufacturing industry | |
COMMISSIONER JOHNS | SYDNEY, 24 MAY 2018 |
Application for approval of the Ridley AgriProducts Pty Ltd - St Arnaud - Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - St Arnaud - 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] 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] 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.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2018. The nominal expiry date of the Agreement is 12 March 2021.
COMMISSIONER
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- AGLC
- Ridley AgriProducts Pty Ltd [2018] FWCA 2981
- Case
- [2018] FWCA 2981
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission had to resolve were whether the agreement was genuinely negotiated, and whether it contained all the mandated terms and conditions. Furthermore, the Commission needed to determine if the agreement was in the best interests of the employees and if it complied with the provisions of the Fair Work Act, including the protection of employees' rights and entitlements.
The Commission examined the evidence presented by both parties and assessed the agreement against the legal standards. It found that the agreement had been genuinely negotiated and contained all the mandated terms. The Commission also concluded that the agreement was in the best interests of the employees as it provided for fair and reasonable terms and conditions of employment. Additionally, the agreement was compliant with the Fair Work Act and did not undermine the rights and entitlements of the employees. Based on these findings, the Commission approved the enterprise agreement.
The Fair Work Commission approved the Ridley AgriProducts Pty Ltd - St Arnaud - Enterprise Agreement 2018, finding that it had been genuinely negotiated, contained all mandated terms, and was in the best interests of the employees. The Commission also determined that the agreement complied with the Fair Work Act and did not undermine the rights and entitlements of the employees. This decision provided clarity and certainty for both the company and the employees, allowing them to move forward with the agreed terms and conditions of employment.
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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