Ridley AgriProducts Pty Ltd Summary

[2022] FWCA 37

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd

(AG2021/8843)

Ridley AgriProducts Pty. Ltd. - Clifton - Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 7 JANUARY 2022

Application for approval of the Ridley AgriProducts Pty. Ltd. - Clifton – Enterprise Agreement 2022

Ridley AgriProducts Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Ridley AgriProducts Pty. Ltd. - Clifton - 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 employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2022. The nominal expiry date of the Agreement is 8 February 2025.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

In this case, Ridley AgriProducts Pty Ltd sought approval for an enterprise agreement from the Fair Work Commission. The Clifton employees represented by the Transport Workers Union (TWU) contested the terms of the proposed agreement. The dispute was heard in the Fair Work Commission, the tribunal with jurisdiction over such matters.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval. This involved examining the process by which the agreement was negotiated and whether it complied with the requirements of the Fair Work Act 2009. The Commission had to ensure that the agreement was made in good faith, covered the appropriate bargaining unit, and did not discriminate against any group of employees. Additionally, the Commission considered whether the agreement provided appropriate mechanisms for resolving future disputes.

The Fair Work Commission found that the agreement had been negotiated in good faith and that it covered the appropriate bargaining unit. The Commission was satisfied that the process adhered to the statutory requirements and that the agreement did not contain any discriminatory provisions. The Commission noted that the agreement included adequate provisions for resolving future disputes, thereby ensuring that it met the legislative criteria for approval. The Commission ultimately approved the Ridley AgriProducts Pty Ltd – Clifton Enterprise Agreement 2022.

The Fair Work Commission approved the Ridley AgriProducts Pty Ltd – Clifton Enterprise Agreement 2022. The Commission found that the agreement was negotiated in good faith, covered the appropriate bargaining unit, and did not contain any discriminatory provisions. The Commission was also satisfied that the agreement provided appropriate mechanisms for resolving future disputes.

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