Ridley Agriproducts Pty Ltd T/A Ridley Agriproducts Pty Ltd

[2022] FWCA 3668

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ridley Agriproducts Pty Ltd T/A Ridley Agriproducts Pty Ltd

(AG2022/4274)

Ridley AgriProducts & United Workers Union – Bendigo Wellsford - Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 20 OCTOBER 2022

Application for approval of the Ridley AgriProducts & United Workers Union – Bendigo Wellsford - Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts & United Workers Union – Bendigo Wellsford - Enterprise Agreement 2022 (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 T/A Ridley Agriproducts Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in section 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 20 October 2022 and, in accordance with s.54, will operate from 27 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Ridley Agriproducts Pty Ltd, trading as Ridley Agriproducts, applied for approval of the Ridley AgriProducts & United Workers Union – Bendigo Wellsford Enterprise Agreement 2022. The union had made the application on behalf of employees at the Bendigo and Wellsford sites. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly in relation to minimum entitlements, procedural fairness, and other relevant provisions.

The legal issues the court had to address included whether the agreement provided for the correct minimum rates of pay and conditions, if the agreement was made in accordance with procedural fairness requirements, and if the agreement contained any provisions that were contrary to the Act. The court had to ensure that the agreement did not undercut the safety net of minimum entitlements and that it was made without any improper conduct. The union argued that the agreement was fair and met all legislative requirements.

After reviewing the submissions and evidence, the Fair Work Commission concluded that the agreement met all statutory requirements. The Commission found that the agreement provided for the correct minimum rates of pay and conditions, and that it was made in accordance with procedural fairness. The Commission was satisfied that the agreement did not undercut the safety net of minimum entitlements and did not contain any provisions contrary to the Act. Therefore, the application for approval was successful.

The Fair Work Commission approved the Enterprise Agreement, confirming its compliance with the Fair Work Act. The agreement was deemed to be in force from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established