| [2024] FWCA 539 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ridley Agriproducts Pty. Ltd. T/A Ridley Agriproducts Pty. Ltd.
(AG2024/126)
RIDLEY AGRIPRODUCTS PTY LTD - TOWNSVILLE - ENTERPRISE AGREEMENT 2024
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 7 FEBRUARY 2024 |
Application for approval of the Ridley AgriProducts Pty Ltd - Townsville - Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the AMWU & Roadrunner Engineering Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 (Cth) (the Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.
Under the transitional amendments made by Part 14 of Schedule 1 to the Amending Act, the genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was 6 October 2023. It follows the Amending Act genuine agreement provisions apply.
Under the transitional arrangements, by Part 16 of Schedule 1 of the Amending Act, amendments made to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made on 12 January 2024. It follows the Amending Act better off overall test as set out in sections 193 and 193A of the Act applies.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The NERR issued to employees was linked to the classifications to the Agreement but a copy of the Agreement was not provided. The Employer provided submissions as to this error on 1 February 2024. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] (Huntsman) that this constitutes a minor technical or procedural error for the purposes of s 188(5)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.
Accordingly, notwithstanding the matters identified in paragraph 6 above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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 the accompanying statutory declaration, 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 is approved on 7 February 2024. It will operate from 14 February 2024 as required by section 54 of the Act. The nominal expiry date is 30 March 2026.
COMMISSIONER
Annexure A
[1] [2019] FWCFB 318
Printed by authority of the Commonwealth Government Printer
<AE523478 PR771073>
- AGLC
- Ridley Agriproducts Pty. Ltd. T/A Ridley Agriproducts Pty. Ltd. [2024] FWCA 539
- Case
- [2024] FWCA 539
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations, and if it was made in good faith and covered all necessary matters. Specifically, the Commission needed to assess if the agreement met the "better off overall test" and if it contained provisions that were consistent with the national workplace relations framework. The Commission also had to consider if the agreement was appropriately negotiated and if it was made without any coercion or undue influence.
In examining the agreement, the Commission considered the submissions from both parties and the evidence presented. The Commission found that the agreement complied with the statutory requirements and was made in good faith. It was determined that the agreement met the "better off overall test" and contained provisions that aligned with the national workplace relations system. The Commission was satisfied that the agreement was the product of proper negotiation and was not made under any duress. Consequently, the Fair Work Commission approved the application for the Enterprise Agreement.
The Fair Work Commission has approved the Enterprise Agreement for the Townsville operations of Ridley Agriproducts Pty Ltd, effective from 2024. This approval ensures that the agreement will provide a fair and effective framework for the workplace relations of the employees covered by the agreement.
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