Ridley AgriProducts Pty Ltd Summary

[2013] FWCA 466

FAIR WORK COMMISSION

DECISION

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

Ridley AgriProducts Pty Ltd
(AG2012/13125)

RIDLEY AGRIPRODUCTS PTY. LTD. - CLIFTON - ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER HAMPTON	ADELAIDE, 21 JANUARY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty. Ltd. - Clifton - Enterprise Agreement 2012 (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] On 17 January 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved

[4] I have sought the views of the bargaining representative and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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. In so finding, I also note that Clause 23.4 - Stand Down of Employees is intended to apply only in circumstances where stand down provisions would otherwise operate.

[6] 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 19 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Ridley AgriProducts Pty Ltd for the approval of the Ridley AgriProducts Pty Ltd - Clifton - Enterprise Agreement 2012. The primary dispute centred around the terms and conditions of the proposed enterprise agreement, particularly those affecting the employees at the Clifton site. The matter was heard in the Fair Work Commission, which has jurisdiction over such industrial disputes under the Fair Work Act 2009.

The legal issues that the Commission was required to decide involved assessing whether the proposed agreement met the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission needed to determine if the necessary consultation processes were followed, if the agreement had been genuinely negotiated, and if appropriate disclosure was provided to the employees. Substantively, the Commission had to ensure that the agreement did not adversely affect employees' conditions in a manner contrary to the Fair Work Act and did not contain any unfair terms.

The Commission found that the proposed agreement had been fairly negotiated and that all procedural requirements were met. It confirmed that appropriate consultation processes were undertaken, and the employees had been adequately informed about the terms of the agreement. The Commission also examined the substantive content of the agreement and determined that it did not unfavourably alter the employees' conditions of employment. It held that the agreement contained no unfair terms and was in the best interest of the parties involved. Consequently, the Fair Work Commission approved the Ridley AgriProducts Pty Ltd - Clifton - Enterprise Agreement 2012.

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