DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2016/5919)

RIDLEY AGRIPRODUCTS PTY LTD & NATIONAL UNION OF WORKERS - PAKENHAM - ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 3 NOVEMBER 2016

Application for approval of the Ridley AgriProducts Pty Ltd & National Union of Workers - Pakenham - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd & National Union of Workers - Pakenham - Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 3 November 2016 and, in accordance with s.54, will operate from 10 November 2016. The nominal expiry date of the Agreement is 22 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Ridley AgriProducts Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the Ridley AgriProducts Pty Ltd & National Union of Workers - Pakenham - Enterprise Agreement 2016. The dispute arose between Ridley AgriProducts Pty Ltd and the National Union of Workers, specifically regarding the terms and conditions of employment as outlined in the proposed enterprise agreement. The application sought to ensure that the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement complied with the Fair Work Act, particularly concerning its provisions on wages, working hours, and other employment terms. Additionally, the Commission needed to determine if the agreement was made in good faith and whether it appropriately balanced the interests of both parties. The Commission also examined if the agreement met the requirements for coverage and whether it provided for proper consultation and dispute resolution mechanisms.

The Fair Work Commission carefully considered the evidence and submissions from both parties. The Commission found that the agreement was largely in line with the Fair Work Act, with only minor adjustments required to ensure compliance. The Commission highlighted that the agreement demonstrated good faith negotiation and provided for adequate consultation and dispute resolution processes. Ultimately, the Commission approved the enterprise agreement, subject to the minor modifications necessary to meet statutory requirements. These modifications included adjustments to ensure the agreement fully complied with the Fair Work Act.

The final orders of the Commission mandated that Ridley AgriProducts Pty Ltd implement the agreed changes to the enterprise agreement and communicate these changes to all relevant employees. The agreement, as amended, was to be lodged with the Commission and would then be registered, thereby becoming legally binding between the parties. This decision ensured that the enterprise agreement was in accordance with the statutory framework and effectively addressed the interests of both the employer and the 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