Ridley AgriProducts Pty Ltd T/A Ridley AgriProducts Pty Ltd

[2025] FWCA 613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ridley AgriProducts Pty Ltd T/A Ridley AgriProducts Pty Ltd

(AG2024/5247)

RIDLEY AGRIPRODUCTS PTY LTD - MAFFRA - ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER MIRABELLA	MELBOURNE, 17 FEBRUARY 2025

Application for approval of the Ridley Agriproducts Pty Ltd - Maffra - Enterprise Agreement 2024

Ridley AgriProducts Pty Ltd Trading As Ridley AgriProducts Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd – Maffra – Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 1 August 2024 and the Agreement was made on 12 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings 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, has been met.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

· Clause 26.1: Compassionate leave

· Clause 38.3.1: Redundancy

However, noting clause 6.1 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 United Workers’ Union being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54, will operate from 24 February 2025. The nominal expiry date of the Agreement is 15 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Ridley AgriProducts Pty Ltd for the approval of an enterprise agreement. The dispute centred around the terms and conditions of employment for employees of the company, specifically those working in the Maffra facility. The application was heard by the Fair Work Commission, an independent statutory body with jurisdiction to oversee and approve enterprise agreements under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the proposed agreement complied with the requirements set forth in the Fair Work Act. This involved assessing whether the agreement provided for minimum entitlements, included a proper dispute resolution process, and was free from any illegal content. Additionally, the Commission needed to determine whether the agreement had been fairly negotiated and whether it was in the best interests of the employees.

The Commission found that the proposed agreement was compliant with the statutory requirements. It determined that the agreement provided for fair and reasonable terms, included an appropriate dispute resolution mechanism, and did not include any illegal content. The Commission was satisfied that the agreement had been negotiated in good faith and that it represented the best interests of the employees. The Commission approved the application, and the Ridley AgriProducts Pty Ltd - Maffra - Enterprise Agreement 2024 was thereby registered under the Act.

The Fair Work Commission's approval of the agreement ensures that it will govern the terms and conditions of employment for the employees at the Maffra facility. This decision confirms the validity of the agreement and provides legal certainty for both the employer and the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established