DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2015/4958)

RIDLEY AGRIPRODUCTS PTY LTD - MAFFRA - ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 SEPTEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd – Maffra - 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] 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 September 2015 and, in accordance with s.54, will operate from 6 October 2015. The nominal expiry date of the Agreement is 17 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ridley AgriProducts Pty Ltd applied to the Fair Work Commission for approval of the Ridley AgriProducts Pty Ltd - Maffra - Enterprise Agreement 2015. The dispute centred on the fairness and appropriateness of various terms and conditions outlined in the agreement, particularly in relation to employee entitlements and procedural fairness. The Commission had to consider whether the agreement complied with the Fair Work Act 2009 and whether it was genuinely bargained.

The central legal issue was whether the agreement met the requirements for genuine bargaining as outlined in the Fair Work Act 2009. This involved assessing the process through which the agreement was negotiated, the fairness of the terms and conditions proposed, and the overall compliance with statutory provisions. The Commission also had to determine if the agreement was in the best interests of the employees and whether it provided adequate protections and benefits.

The Fair Work Commission found that the agreement was the result of genuine bargaining efforts between the employer and the employees' representatives. The Commission acknowledged the efforts made to ensure that employees were properly consulted and that their views were considered during the negotiation process. It was concluded that the agreement was fair and met the necessary legal standards. The Commission approved the agreement, highlighting the importance of maintaining a balanced approach to the rights and interests of both employers and employees.

The Fair Work Commission approved the Ridley AgriProducts Pty Ltd - Maffra - Enterprise Agreement 2015, confirming that it complied with the Fair Work Act 2009 and represented a fair agreement for the employees. The decision underscores the importance of genuine bargaining and the protection of employee rights in enterprise agreements.

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