Ridley AgriProducts Pty Ltd Summary

[2014] FWCA 7104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd
(AG2014/7177)

RIDLEY AGRIPRODUCTS PTY LTD & NATIONAL UNION OF WORKERS - PAKENHAM - ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 9 OCTOBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd & National Union of Workers - Pakenham - Enterprise Agreement 2014 (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 16 October 2014. The nominal expiry date of the Agreement is 22 July 2016.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the respondent, the National Union of Workers, lodged an application seeking approval of an enterprise agreement made with the applicant, Ridley AgriProducts Pty Ltd. The agreement covered workers at the applicant's facility in Pakenham. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other workplace matters as outlined in the proposed agreement. The Commission had to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the provisions of the Act, whether it included the necessary 'protected action provisions', and if it provided for the proper registration of the agreement. Additionally, the Commission needed to assess whether the agreement provided for the fair and reasonable terms and conditions of employment, and whether it complied with the 'better off overall test'. This test required that the agreement should not detriment employees relative to their previous conditions of employment.

After thorough examination of the application, the Commission found that the agreement had been made in good faith and was compliant with the statutory requirements. The agreement included all necessary 'protected action provisions' and adhered to the 'better off overall test'. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the workers. The decision was made in the context of ensuring that the agreement did not adversely affect the employees' overall conditions and that it was in line with the statutory provisions for enterprise agreements.

The Fair Work Commission approved the Ridley AgriProducts Pty Ltd & National Union of Workers - Pakenham - Enterprise Agreement 2014. The approval was subject to the conditions and terms as set out in the agreement, ensuring compliance with the Fair Work Act 2009 and the protection of employees' rights and conditions of employment.

Ridley AgriProducts Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established