DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2016/1669)

RIDLEY AGRIPRODUCTS PTY LTD - NARANGBA - ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 20 JULY 2016

Application for approval of the Ridley AgriProducts Pty Ltd - Narangba - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Narangba - 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] 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. 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.

[4] 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.

[5] The Agreement was approved on 20 July 2016 and, in accordance with s.54, will operate from 27 July 2016. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Ridley AgriProducts Pty Ltd, sought approval for the Ridley AgriProducts Pty Ltd - Narangba - Enterprise Agreement 2016. The dispute centred on the fairness and validity of the proposed agreement, which was intended to govern the employment terms and conditions of the company's employees. The application was heard by a delegate of the Commission, with the respondents being the employees represented by the United Voice union. The legal issues at hand involved whether the agreement met the necessary criteria for approval, including compliance with the Fair Work Act 2009, and whether it was made in good faith and without coercion.

The Commission examined the process by which the agreement was negotiated and whether it was free from any unfair or improper conduct. It considered the evidence provided by both parties regarding the negotiation process, the nature of the agreement, and the circumstances surrounding its execution. The Commission also assessed whether the agreement provided for appropriate protections and entitlements for the employees, including minimum wages, leave provisions, and dispute resolution mechanisms. In making its decision, the Commission applied the relevant statutory provisions and case law to ensure that the agreement was consistent with the overarching principles of fairness and good faith as mandated by the Fair Work Act.

After thorough deliberation, the Commission found that the agreement met the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith and without any coercion, and that it provided for fair and reasonable terms and conditions for the employees. The Commission also noted that the negotiation process was transparent and that the agreement was appropriately reflective of the interests of both parties. Consequently, the Commission approved the agreement, ensuring that it would now serve as the governing document for the employment relationship between Ridley AgriProducts Pty Ltd and its employees at the Narangba site.

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