Ridley AgriProducts Pty Ltd Summary

[2013] FWCA 456

FAIR WORK COMMISSION

DECISION

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

Ridley AgriProducts Pty Ltd
(AG2012/13874)

RIDLEY AGRIPRODUCTS PTY LTD - DALBY - ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 21 JANUARY 2013

Application for approval of the Ridley AgriProducts Pty Ltd - Dalby - Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Ridley AgriProducts Pty Ltd - Dalby - Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ridley AgriProducts Pty Ltd.

[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] On 14 January 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2013. The nominal expiry date of the Agreement is 26 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ridley AgriProducts Pty Ltd sought approval of the Dalby Enterprise Agreement 2012. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment for its employees in the Dalby area. The Australian Manufacturing Workers' Union contested the application, raising concerns about the agreement's provisions on wages, penalty rates, and working conditions.

The central legal issues before the Commission were whether the agreement contained terms that were fair and reasonable, and whether it complied with the requirements of the Fair Work Act 2009. The Commission had to consider the balance of considerations relevant to the fairness and reasonableness of the agreement, including whether it met the 'better off overall test', and if it complied with the 'good faith' requirement.

The Commission examined the provisions of the agreement and the submissions from both parties. It found that the agreement, while not perfect, provided for fair and reasonable terms and conditions for the employees. The Commission considered the economic climate, the bargaining positions of the parties, and the need to maintain industrial peace. It also found that the agreement met the 'better off overall test', as the majority of employees would benefit from the proposed terms. The Commission approved the agreement, noting that it complied with the statutory requirements and was in the interests of industrial peace and fairness.

The Fair Work Commission approved the Ridley AgriProducts Pty Ltd - Dalby - Enterprise Agreement 2012, finding it to be fair and reasonable and in compliance with the Fair Work Act 2009.

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