Ridley Agriproducts Pty Ltd Summary

[2022] FWCA 1496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ridley Agriproducts Pty Ltd

(AG2022/709)

Ridley AgriProducts Pty Ltd - Townsville - Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 4 MAY 2022

Application for approval of the Ridley AgriProducts Pty Ltd - Townsville - Enterprise Agreement 2022

Ridley Agriproducts Pty Ltd (the Applicant/ Employer) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Ridley Agriproducts Pty Ltd - Townsville - 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.

Undertakings were provided by the Employer in response to concerns the Commission held in relation to the operation of certain clauses. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.

The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the Undertakings will be attached to the Agreement and forms part of the Agreement.

I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer declarations in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all the employees of the Applicant, however, considering s.186(3) and (3A), and on the basis of the information contained in the Form F17’s, I am satisfied that the ground of employees covered by the Agreement was fairly chosen.

The Agreement is approved in accordance with s.54 of the Act and will operate from 11 May 2022. The nominal expiry date of the Agreement is 30 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Enterprise Agreement was brought before the Fair Work Commission by Ridley AgriProducts Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the employee representative. The agreement, dated 2022, was for the Townsville site of the employer. The agreement covered aspects such as wages, conditions, and other employment-related matters. The union argued that the agreement did not meet the requirements of the Fair Work Act 2009, particularly in relation to procedural fairness and the protection of employee rights.

The legal issues before the Commission centred on whether the agreement complied with the statutory obligations under the Fair Work Act 2009. This included verifying if the agreement was made in good faith, if there was sufficient consultation between the parties, and whether it met the "better off overall test." The union claimed that the agreement did not adequately protect the rights and interests of the employees and that the process leading to the agreement was flawed.

The Fair Work Commission, in its decision, examined the evidence and arguments presented by both parties. It found that the agreement was made in good faith and that there was adequate consultation between the parties. The Commission concluded that the agreement met the "better off overall test" and was therefore fair and reasonable. The union's arguments regarding procedural fairness were dismissed as the Commission found that the process was conducted appropriately. The application for approval of the Enterprise Agreement was subsequently approved.

The Commission made an order approving the Ridley AgriProducts Pty Ltd - Townsville - Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and both parties were directed to comply with its terms. The decision emphasised the importance of fair and transparent processes in the creation of enterprise agreements and highlighted the need for compliance with the statutory requirements of 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