DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2017/5674)

RIDLEY AGRIPRODUCTS PTY LTD - TAREE - ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 18 DECEMBER 2017

Application for approval of the Ridley AgriProducts Pty Ltd - Taree - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Taree - 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2017. The nominal expiry date of the Agreement is 7 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by Ridley AgriProducts Pty Ltd to have the Fair Work Commission (FWC) approve the Ridley AgriProducts Pty Ltd - Taree - Enterprise Agreement 2017. The application was brought before the Full Bench of the FWC, which was required to determine whether the agreement was in the best interests of the employees and met the necessary criteria for approval under the Fair Work Act 2009. The applicants sought approval for the agreement as a modern award, with the aim of enhancing workplace flexibility and productivity.

The primary legal issue before the Full Bench was whether the agreement complied with the statutory requirements and whether it served the best interests of the employees. This involved examining the agreement against the criteria set out in the Fair Work Act, including whether it provided for the protection of employees' rights, facilitated workplace flexibility, and ensured fairness in the terms and conditions of employment. Additionally, the Full Bench had to assess whether the agreement was made in good faith and whether it provided for the proper operation of the enterprise.

The Full Bench found that the agreement was generally in the best interests of the employees and met the criteria for approval. The agreement provided for a range of benefits, including increased flexibility and productivity, as well as safeguards for employees' rights. The Full Bench acknowledged that some provisions of the agreement might be seen as less favourable to employees but concluded that the overall benefits outweighed these concerns. The Full Bench also found that the agreement was made in good faith and facilitated the proper operation of the enterprise. Based on these findings, the Full Bench approved the agreement as a modern award.

The Full Bench's decision resulted in the approval of the Ridley AgriProducts Pty Ltd - Taree - Enterprise Agreement 2017 as a modern award. This decision allows the agreement to be registered and enforced, providing the parties with a framework for workplace relations that balances the interests of both employers and employees. The approval of this agreement contributes to the ongoing development of flexible and productive workplaces in Australia.

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