Ridley Agriproducts Pty. Ltd.
[2023] FWCA 1582
•1 JUNE 2023
| [2023] FWCA 1582 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ridley Agriproducts Pty. Ltd.
(AG2023/1368)
RIDLEY AGRIPRODUCTS - TOOWOOMBA - ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 1 JUNE 2023 |
Application for approval of the Ridley AgriProducts - Toowoomba - Enterprise Agreement 2023.
Ridley Agriproducts Pty. Ltd. (the Employer) has made an application for approval of an enterprise agreement known as the Ridley AgriProducts - Toowoomba - Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 6.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement was approved on 1 June 2023 and, in accordance with s.54, will operate from 8 June 2023. The nominal expiry date of the Agreement is 17 June 2025.
COMMISSIONER
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Annexure A
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