Ridley Agriproducts Pty. Ltd. Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Ridley Agriproducts Pty. Ltd. was heard regarding the application for the approval of the Ridley AgriProducts - Toowoomba - Enterprise Agreement 2023. The dispute arose as Ridley Agriproducts Pty. Ltd. sought to have the proposed agreement ratified, which outlined terms and conditions of employment for their employees at the Toowoomba site.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009, particularly concerning the provisions for minimum entitlements, procedural fairness, and the overall compliance with the statutory framework governing enterprise agreements. The Commission needed to ascertain if the agreement provided for terms that were at least equal to or better than the applicable national or industry awards, and if the agreement had been fairly and properly made.

In its reasoning, the Commission considered the submissions from both parties, the evidence provided, and the fairness of the agreement's terms. It was noted that the agreement contained provisions that met the minimum entitlements and adhered to the requirements of procedural fairness. The Commission was satisfied that the agreement was made in good faith and without coercion, as evidenced by the bargaining process and the input from both employer and employee representatives. The Commission found that the agreement was compliant with the statutory requirements and thus approved the enterprise agreement. Consequently, the Commission issued an order approving the Ridley AgriProducts - Toowoomba - Enterprise Agreement 2023, making it a legally binding instrument between the parties.

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