DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty. Ltd.
(AG2015/6988)

RIDLEY AGRIPRODUCTS PTY LTD - TOWNSVILLE - ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 11 JANUARY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Townsville - 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 and, in accordance with s.54, will operate from 18 January 2016. The nominal expiry date of the Agreement is 30 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Ridley AgriProducts Pty Ltd - Townsville - Enterprise Agreement 2015. The parties included Ridley AgriProducts Pty Ltd as the employer, and the United Workers Union as the representative for the employees. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, with the union seeking to ensure that the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the court were primarily whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the court had to determine if the agreement was genuinely negotiated and if the appropriate consultation processes were followed. Substantively, the court examined whether the agreement contained permissible terms and conditions, and if it met the "better-off, overall test" which requires that no employee be worse off and at least one employee be better off overall under the new agreement.

The court found that the agreement was genuinely negotiated and that the necessary procedural requirements were satisfied. The substantive terms were also scrutinised, and the court concluded that the agreement met the "better-off, overall test". The proposed conditions provided adequate protections and benefits for the employees, and no employee would be disadvantaged by the new agreement. Consequently, the court approved the enterprise agreement.

The final orders of the court included the approval of the Ridley AgriProducts Pty Ltd - Townsville - Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with the terms as outlined in the approved document.

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