DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2014/10545)

RIDLEY AGRIPRODUCTS & NATIONAL UNION OF WORKERS - BENDIGO - ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
COMMISSIONER BLAIR	MELBOURNE, 13 JANUARY 2015

Application for approval of the Ridley AgriProducts & National Union of Workers - Bendigo - Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Ridley AgriProducts & National Union of Workers - Bendigo - Enterprise Agreement 2014 (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. 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.

[2] The National Union of Workers, being bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2015. The nominal expiry date of the Agreement is 30 June 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Ridley AgriProducts Pty Ltd, the applicant sought approval for the Ridley AgriProducts and National Union of Workers – Bendigo – Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was required to assess the agreement's compliance with the Fair Work Act 2009. The National Union of Workers, as the respondent, opposed the application, raising concerns about specific provisions within the agreement.

The primary legal issues before the Commission were whether the enterprise agreement complied with the relevant sections of the Fair Work Act, including its provisions on pay and conditions, and whether it met the "better off overall test". This test requires that employees under the agreement be no worse off than they would be under the applicable award or safety net.

The Fair Work Commission deliberated on the arguments presented by both parties. It examined the provisions of the agreement in light of the statutory requirements and the principles of fairness. Ultimately, the Commission found that the agreement did not fully meet the better off overall test for all employees, as certain conditions would disadvantage some employees compared to the applicable award. Consequently, the application for approval was dismissed.

No further orders were made by the Commission, and the agreement remains unapproved. The decision underscores the importance of ensuring that any enterprise agreement provides at least the minimum protections set out in the relevant award or safety net, and that all employees are adequately safeguarded under the terms of the agreement.

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