Ridley Agriproducts Pty. Ltd. T/A Ridley Agriproducts Pty. Ltd. Summary

[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

CaseChat Overview and Summary

The case involves Ridley AgriProducts Pty Ltd and the Fair Work Commission. The dispute pertains to the approval of the Ridley AgriProducts Pty Ltd - Clifton - Enterprise Agreement 2024. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009, specifically sections 226 and 230, which govern the process for making an enterprise agreement and the criteria for its approval.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act, including whether it contained the necessary provisions for minimum wages and conditions, and whether it was made in good faith and without coercion. Additionally, the Commission had to assess whether the agreement was fair and reasonable, taking into account the interests of both the employees and the employer.

The Commission found that the agreement contained all the mandatory terms and conditions required by the Act, including minimum wages and conditions, and that it was made in good faith. The Commission also determined that the agreement was fair and reasonable, taking into account the views of both parties and the interests of the employees. The Commission noted that the agreement provided for a fair and reasonable increase in wages and conditions for the employees, and that it addressed the needs of the employer in terms of business efficiency and productivity. The Commission was satisfied that the agreement met all the criteria for approval under the Act.

Accordingly, the Commission approved the Ridley AgriProducts Pty Ltd - Clifton - Enterprise Agreement 2024, and it will come into effect on the date of the Commission's decision. The parties are bound by the terms of the agreement, which will regulate their employment relationship for the duration of its operation. The Commission's decision provides certainty and stability to both the employees and the employer, and it ensures that the agreement complies with the requirements of the Fair Work Act.

Ridley Agriproducts Pty. Ltd. T/A 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