Ridley AgriProducts Pty. Ltd.

[2022] FWCA 1864

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ridley AgriProducts Pty. Ltd.

(AG2022/1512)

Ridley AgriProducts Pty Ltd - Narangba – Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 7 JUNE 2022

Application for approval of the Ridley AgriProducts Pty Ltd – Narangba – Enterprise Agreement 2022

Ridley AgriProducts Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd – Narangba – Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The United Workers Union (UWU) 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 the UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2022. The nominal expiry date of the Agreement is 31 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The matter before the court was an application for the approval of the Ridley AgriProducts Pty Ltd – Narangba – Enterprise Agreement 2022. The applicant, Ridley AgriProducts, sought approval from the Fair Work Commission, which was then subject to judicial review. The respondents included the Australian Manufacturing Workers' Union and individual employees of the company. The dispute centred on whether the terms of the proposed agreement were compliant with the requirements of the Fair Work Act 2009, particularly in relation to procedural fairness and the protection of employee interests.

The court had to determine whether the process leading to the agreement's formation was fair and whether the agreement itself was just and equitable. This included examining whether the requisite consultations were conducted, if the employees had an opportunity to express their views, and if the agreement adequately protected the employees' interests. The court also had to consider the impact of the agreement on the bargaining process and the broader implications for industrial relations.

After reviewing the evidence and submissions from both parties, the court found that the agreement met the necessary legal standards. The process of reaching the agreement was deemed fair and just, with adequate consultation and opportunity for employee input. The court was satisfied that the agreement was in the best interests of the employees, considering the terms of pay, conditions, and other benefits. Consequently, the court approved the enterprise agreement, affirming its compliance with the relevant legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established