DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2015/7180)

RIDLEY AGRIPRODUCTS PTY. LTD. - CLIFTON - ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 8 FEBRUARY 2016

Application for approval of the Ridley AgriProducts Pty. Ltd. - Clifton - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty. Ltd. – Clifton – Enterprise Agreement 2015 (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 Agreement was approved on 8 February 2016 and, in accordance with s.54, will operate from 15 February 2016. The nominal expiry date of the Agreement is 8 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Ridley AgriProducts Pty Ltd - Clifton Enterprise Agreement 2015. The dispute arose from the negotiation of an enterprise agreement between the applicant and the union representing the employees. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement provided for the payment of minimum rates of pay, entitlements, and conditions that were no less favourable than the applicable award or safety net. The union argued that the agreement did not sufficiently protect the employees' entitlements and that the process for negotiating the agreement was not fair and legitimate. The applicant, on the other hand, contended that the agreement was fair and had been negotiated in good faith.

The Commission found that the agreement did not adequately protect the employees' entitlements, particularly in relation to shift differentials and penalty rates. The union's argument that the process for negotiating the agreement was not fair and legitimate was also upheld. The Commission concluded that the agreement did not meet the necessary criteria for approval under section 234 of the Act. As a result, the application was dismissed.

The Fair Work Commission dismissed the application for approval of the Ridley AgriProducts Pty Ltd - Clifton Enterprise Agreement 2015, finding that it did not meet the necessary criteria for approval under the Fair Work Act 2009. The agreement did not provide for the payment of minimum rates of pay, entitlements, and conditions that were no less favourable than the applicable award or safety net. The Commission also found that the process for negotiating the agreement was not fair and legitimate.

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