Ridley Agriproducts Pty. Ltd.

[2024] FWCA 1056

[2024] FWCA 1056

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ridley Agriproducts Pty. Ltd.

(AG2024/722)

RIDLEY AGRIPRODUCTS PTY LTD - LARA - ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER MIRABELLA	MELBOURNE, 25 MARCH 2024

Application for approval of the Ridley AgriProducts Pty Ltd - Lara - Enterprise Agreement 2023.

1. Ridley Agriproducts Pty. Ltd. (the Employer) has made an application for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Lara - Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 25 August 2023 and the Agreement was made on 1 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

·   Clause 10.7: Casual conversion

·   Clause 23: Compassionate leave

1. However, noting clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The United Workers’ Union, 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 declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 25 March 2024 and, in accordance with s.54, will operate from 1 April 2024. The nominal expiry date of the Agreement is 29 September 2026.

COMMISSIONER

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