Ridley Agriproducts Pty. Ltd. T/A Ridley Agriproducts Pty. Ltd.
[2024] FWCA 783
•1 MARCH 2024
| [2024] FWCA 783 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ridley Agriproducts Pty. Ltd. T/A Ridley Agriproducts Pty. Ltd.
(AG2024/329)
RIDLEY AGRIPRODUCTS PTY. LTD. - CLIFTON - ENTERPRISE AGREEMENT 2024
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 1 MARCH 2024 |
Application for approval of the Ridley AgriProducts Pty Ltd - Clifton - Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty. Ltd. – Clifton – Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ridley AgriProducts Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) distributed to employees refers to coverage referenced in the classifications in Schedule 1 of the proposed Agreement. However, on the basis of submissions made by the Applicant including that the existing agreement refers to the same schedule, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]
The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 8 February 2026.
DEPUTY PRESIDENT
[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].
[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
Printed by authority of the Commonwealth Government Printer
<AE523703 PR771990>
0
0
0