DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2014/8430)

RIDLEY AGRIPRODUCTS PTY LTD - TAREE - ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 DECEMBER 2014

Application for approval of the Ridley AgriProducts Pty Ltd - Taree - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Taree - 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. The Agreement is a single-enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2014. The nominal expiry date of the Agreement is 21 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Ridley AgriProducts Pty Ltd, an applicant, and the Australian Manufacturing Workers' Union, the respondent. The matter before the Fair Work Commission was an application for the approval of the Ridley AgriProducts Pty Ltd - Taree - Enterprise Agreement 2014. The primary dispute centred around the procedural fairness of the enterprise agreement and whether the necessary bargaining had occurred in good faith.

The central legal issue before the commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the commission had to determine whether the agreement was certified as genuine and whether it had been made in good faith. The union argued that the process by which the agreement was negotiated did not meet the standards of procedural fairness and good faith bargaining.

The Fair Work Commission found that the process by which the enterprise agreement was negotiated did not comply with the requisite standards of procedural fairness and good faith. The commission held that the applicant failed to provide adequate information to the union, which impacted the union's ability to effectively participate in the bargaining process. Consequently, the commission rejected the application for the approval of the enterprise agreement. The commission found that the applicant did not meet the statutory requirements for the approval of the agreement under the Fair Work Act 2009.

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