DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2017/3018)

RIDLEY AGRIPRODUCTS PTY LTD - GUNBOWER - ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 25 SEPTEMBER 2017

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

[1] On 21 July 2017, Ridley AgriProducts Pty Ltd (Applicant) made an application for approval of the Ridley AgriProducts Pty Ltd – Gunbower – Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the National Union of Workers has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 2 October 2017. The nominal expiry date of the Agreement is 23 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Ridley AgriProducts Pty Ltd, the Fair Work Commission was tasked with assessing the application for the approval of the Enterprise Agreement between the company and its employees, specifically those at the Gunbower site, for the year 2017. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other related matters, as proposed in the agreement.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements set forth in the Fair Work Act 2009 and whether it met the criteria for "protected action" as defined under the Fair Work (Registered Organisations) Act 2009. The Commission needed to determine if the agreement was fair and balanced, and if it had been negotiated in good faith. Additionally, the Commission considered the procedural fairness of the agreement's negotiation and the extent to which it provided for genuine employee representation.

The Commission meticulously reviewed the negotiation process, the contents of the agreement, and the submissions from both parties. It found that the agreement was the result of genuine negotiations and that it was fair and reasonable in all its terms. The Commission determined that the agreement met the statutory requirements and was in the best interests of the employees. It also found that the agreement complied with the criteria for protected action and was therefore protected from certain types of legal challenges. Consequently, the Commission approved the Enterprise Agreement, finding it to be a fair and balanced document that met all necessary legal standards.

As a result of the Commission's decision, the Enterprise Agreement between Ridley AgriProducts Pty Ltd and the employees at the Gunbower site for the year 2017 was approved and registered, effective from the date of the decision. This ruling ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the parties, providing a stable and legally compliant framework for both employers and employees.

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