DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2015/3944)

RIDLEY AGRIPRODUCTS PTY LTD - TERANG - ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 20 JULY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Terang - 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 20 July 2015 and, in accordance with s.54, will operate from 27 July 2015. The nominal expiry date of the Agreement is 14 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Ridley AgriProducts Pty Ltd - Terang - Enterprise Agreement 2015. The applicant, Ridley AgriProducts Pty Ltd, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, including whether it had been negotiated in good faith and whether it contained the requisite provisions for employee protection and fair terms of employment.

The legal issues before the Commission included the determination of whether the agreement had been negotiated in good faith, as required by section 228 of the Fair Work Act, and whether it complied with the minimum terms and conditions set out in the Fair Work Act and the Fair Work Regulations. The Commission also needed to consider if the agreement provided adequate protections for employees and if it adhered to procedural requirements for bargaining and approval.

The Fair Work Commission found that the agreement had been negotiated in good faith and that it contained all the necessary provisions for employee protection and fair terms of employment. The Commission concluded that the agreement met the requirements for approval under the Fair Work Act. The agreement was deemed to be fair and reasonable, providing adequate protections for the employees involved, and thus was approved as a registered agreement.

The Commission ordered that the Ridley AgriProducts Pty Ltd - Terang - Enterprise Agreement 2015 be registered under the Fair Work Act 2009. This decision was based on the evidence presented, which demonstrated that the agreement had been negotiated fairly and contained the necessary protections for employees. The approval of the agreement was effective from the date of the decision, ensuring that it would be binding on the parties involved.

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