DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2015/579)

RIDLEY AGRIPRODUCTS PTY LTD - ST ARNAUD - ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 10 APRIL 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - St Arnaud - Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2015. The nominal expiry date of the Agreement is 12 March 2018.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Ridley AgriProducts Pty Ltd for the Fair Work Commission to approve the Ridley AgriProducts Pty Ltd - St Arnaud - Enterprise Agreement 2015. The applicant sought to have the agreement made with its employees, represented by the Australian Manufacturing Workers' Union, approved as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary legal criteria for registration, including compliance with procedural fairness, and whether the agreement itself contained appropriate terms and conditions for the employees.

The legal issues before the Commission involved assessing whether the agreement was made in accordance with the mandatory procedural requirements of the Fair Work Act. This included verifying the appropriate representation of the parties, ensuring that the agreement was made without any improper conduct, and confirming that the agreement contained the necessary terms and conditions as required by the legislation. Additionally, the Commission had to consider whether the agreement complied with the provisions of the Act that ensure the terms are not less favourable than the relevant awards or the national employment standards.

In determining the application, the Commission examined the process by which the agreement was negotiated and agreed upon. The evidence indicated that the negotiation process was conducted in good faith and that the agreement was made without any coercion or undue influence. The Commission also assessed the terms of the agreement, ensuring they met the requirements of the Fair Work Act and did not disadvantage the employees. After reviewing all submissions and evidence, the Commission concluded that the agreement was appropriately made and contained suitable terms. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the necessary legal standards.

The Fair Work Commission approved the Ridley AgriProducts Pty Ltd - St Arnaud - Enterprise Agreement 2015 as a registered agreement under the Fair Work Act 2009. This decision was made on the basis that the agreement was made in compliance with the procedural requirements of the Act and that it contained appropriate terms and conditions for the employees. The Commission's approval means that the agreement is now legally binding on both the employer and the employees, providing a framework for their industrial relationship.

Ridley AgriProducts Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established