DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2015/5928)

RIDLEY AGRIPRODUCTS PTY LTD - WASLEYS - ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 3 NOVEMBER 2015

[1] An application for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd – Wasleys - Enterprise Agreement 2015 (the Agreement) has been made by Ridley AgriProducts Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The National Union of Workers (the NUW) has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the NUW.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 10 November 2015. The nominal expiry date of the Agreement is 27 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, Ridley AgriProducts Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the Ridley AgriProducts Pty Ltd – Wasleys - Enterprise Agreement 2015. The dispute centred around the terms and conditions of the agreement, which the applicant proposed as a single-enterprise agreement under the Fair Work Act 2009. The legal issues before the court were primarily whether the agreement complied with the legislative requirements of the Act, including whether it met the criteria for approval as a single-enterprise agreement.

The court examined the agreement to determine if it contained all the necessary provisions required by the Act and if it was genuinely negotiated between the parties. It also assessed whether the agreement would lead to improved productivity and employment conditions. The applicant had to demonstrate that the agreement was fair and reasonable and that it had been made in good faith. The court considered submissions from both parties and any relevant evidence provided.

In its reasoning, the court found that the agreement met all the statutory requirements for approval. It concluded that the agreement was genuinely negotiated and contained all the necessary provisions. The court was satisfied that the agreement would lead to improved productivity and employment conditions. It determined that the agreement was fair and reasonable and had been made in good faith. Consequently, the court approved the agreement, allowing it to be registered and enforceable.

The final orders of the court were that the Ridley AgriProducts Pty Ltd – Wasleys - Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would govern the terms and conditions of employment for the employees covered by the agreement.

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