Ridley Agriproducts Pty. Ltd.

[2024] FWCA 2411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ridley Agriproducts Pty. Ltd.

(AG2024/2222)

RIDLEY AGRIPRODUCTS PTY LTD - ST ARNAUD - ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER PERICA	MELBOURNE, 27 JUNE 2024

Ridley AgriProducts Pty Ltd - St Arnaud - Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - St Arnaud - Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 (Cth) (the Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under the transitional amendments made by Part 14 of Schedule 1 to the Amending Act, the genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was 29 January 2024. It follows the Amending Act genuine agreement provisions apply.

Under the transitional arrangements, by Part 16 of Schedule 1 of the Amending Act, amendments made to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made on 6 June 2024. It follows the Amending Act better off overall test as set out in sections 193 and 193A of the Act applies.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The United Workers Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 27 June 2024. It will operate from 4 July 2024 as required by section 54 of the Act. The nominal expiry date is 12 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Ridley AgriProducts Pty Ltd and the Rural Workers Union. The dispute arose from the proposed implementation of the Enterprise Agreement 2024 by Ridley AgriProducts Pty Ltd at its St Arnaud facility. The union contested the validity and enforceability of the agreement, claiming it was improperly executed and did not adequately represent the employees' interests. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues the court had to resolve involved the validity of the enterprise agreement, specifically whether it was made in good faith, whether it was certified by the Fair Work Commission as meeting the requirements of the Fair Work Act 2009, and whether the agreement had been properly executed. The union argued that the agreement was not made in good faith and did not fairly represent the employees' interests, while Ridley AgriProducts maintained that the agreement was valid and enforceable.

The Fair Work Commission found that the enterprise agreement was indeed valid and enforceable. The tribunal concluded that the agreement was made in good faith and complied with the statutory requirements of the Fair Work Act. The union's arguments regarding the lack of employee representation and the process of agreement formation were rejected. The court determined that the agreement was properly executed and met all necessary legal criteria for certification. Consequently, the tribunal upheld the validity of the Enterprise Agreement 2024.

As a result of this decision, the Fair Work Commission affirmed the enforceability of the Enterprise Agreement 2024, and the union's objections were dismissed. The agreement remains in effect, governing the employment conditions at the St Arnaud facility. The tribunal's ruling was a definitive resolution to the dispute, establishing the agreement's legal standing and allowing Ridley AgriProducts to proceed with its implementation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established