DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2015/4540)

RIDLEY AGRIPRODUCTS PTY LTD - TAMWORTH - ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 21 AUGUST 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Tamworth - 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] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Ridley AgriProducts Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 is approved and, in accordance with s.54 of the Act, will operate from 28 August 2015. The nominal expiry date of the Agreement is 28 July 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Ridley AgriProducts Pty Ltd, the Federal Court was called upon to determine whether to approve the Enterprise Agreement entered into between the company and its employees. This agreement was intended to regulate the terms and conditions of employment for the employees working at the Tamworth site. The application for approval came about as the Fair Work Commission had previously determined that the agreement was in the best interests of the employees and the employer, but needed the court's formal approval to become legally binding.

The central legal issue before the court was whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness and the substantive fairness of the agreement. Procedural fairness required the court to examine whether the agreement was made in good faith, and whether there was adequate consultation and disclosure between the parties. Substantive fairness required the court to assess whether the terms and conditions of the agreement were fair and reasonable, taking into account various factors such as the nature of the work, the bargaining power of the parties, and the economic circumstances.

The court held that the agreement was procedurally fair, as there was evidence of good faith bargaining, adequate consultation, and proper disclosure of relevant information. The court was satisfied that the employees had been given a genuine opportunity to be involved in the negotiation process and that the employer had acted in good faith throughout. In terms of substantive fairness, the court found that the agreement contained terms and conditions that were fair and reasonable, taking into account the nature of the work and the economic circumstances. The court noted that the agreement provided for a range of benefits and protections for the employees, including minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms. The court was also satisfied that the agreement did not disadvantage the employees in any significant way.

The court ultimately approved the agreement, finding that it was in the best interests of the employees and the employer. The court noted that the agreement provided a fair and reasonable framework for the regulation of the employment relationship, and that it was consistent with the principles of the Fair Work Act. The court's approval of the agreement means that it will now become a legally binding enterprise agreement, and will govern the terms and conditions of employment for the employees at the Tamworth 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