DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2017/4264)

RIDLEY AGRIPRODUCTS PTY LTD & NATIONAL UNION OF WORKERS – MOOROOPNA – ENTERPRISE AGREEMENT 2017

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 20 DECEMBER 2017

Application for approval of the Ridley AgriProducts Pty Ltd & National Union of Workers - Mooroopna - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd & National Union of Workers - Mooroopna - Enterprise Agreement 2017 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2017. The nominal expiry date of the Agreement is 3 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for the approval of the Ridley AgriProducts Pty Ltd and National Union of Workers - Mooroopna Enterprise Agreement 2017 was heard in the Fair Work Commission. The applicant, Ridley AgriProducts Pty Ltd, sought to have the enterprise agreement approved under the Fair Work Act 2009. The National Union of Workers - Mooroopna represented the employees in the negotiation of the agreement. The primary dispute centred around the terms and conditions of employment, including wages, hours of work, and other workplace arrangements as stipulated in the proposed agreement.

The legal issues before the Commission included whether the agreement had been fairly negotiated, if it complied with the procedural requirements set out in the Fair Work Act, and whether it met the "better off overall test" (BOOT) to ensure that employees would not be worse off financially. The Commission also had to determine if the agreement provided for appropriate dispute resolution mechanisms and if it adhered to the provisions of the National Employment Standards (NES). Additionally, the application's procedural fairness, including whether all relevant parties were given an opportunity to be heard, was scrutinised.

The Commission found that the enterprise agreement had been fairly negotiated and complied with the procedural requirements. The terms of the agreement were considered to meet the BOOT, providing employees with a fair and reasonable outcome. The Commission also confirmed that the agreement did not contravene the NES and provided for adequate dispute resolution mechanisms. The procedural fairness of the application was upheld as all relevant parties had been given an opportunity to be heard. Consequently, the Commission approved the Ridley AgriProducts Pty Ltd and National Union of Workers - Mooroopna Enterprise Agreement 2017.

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