DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty. Ltd. T/A Ridley AgriProducts Pty. Ltd.
(AG2018/5371)

RIDLEY AGRIPRODUCTS PTY LTD - TAMWORTH - ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2019

Application for approval of the Ridley AgriProducts Pty Ltd - Tamworth - Enterprise Agreement 2018

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Tamworth - Enterprise Agreement 2018 (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.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2019. The nominal expiry date of the Agreement is 18 September 2021.

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, trading as Ridley AgriProducts Pty Ltd, for the approval of the Enterprise Agreement 2018 for its Tamworth employees. The company sought to have the agreement recognised as a lawful and valid enterprise agreement under the Fair Work Act 2009. The dispute centred on the procedural fairness of the agreement process, particularly concerning the participation of employees in the negotiations and the agreement's compliance with statutory requirements.

The legal issues the court was required to determine included whether the agreement was genuinely negotiated between the employer and employees, whether the necessary procedural fairness was observed, and if the agreement met the criteria set forth in the Fair Work Act. Specifically, the court needed to ascertain if the agreement had been made with the appropriate level of employee involvement and whether it complied with the Act's requirements concerning disclosure, the provision of information, and the opportunity for employees to be represented.

The Fair Work Commission examined the evidence provided by both parties regarding the negotiation process. It considered the participation of employees in the negotiation of the agreement and the fairness of the process. The Commission concluded that the agreement had been genuinely negotiated, with appropriate procedural fairness observed. It found that the company had provided the necessary information and allowed for proper employee participation. Consequently, the Commission approved the agreement, finding it to be compliant with the statutory requirements of the Fair Work Act.

The Fair Work Commission approved the Enterprise Agreement 2018 for the Tamworth employees of Ridley AgriProducts Pty Ltd. This decision affirmed the agreement as a lawful and valid enterprise agreement, effective from the date of the Commission's approval. The court's ruling provided clarity and certainty for both the employer and employees regarding the terms and conditions of their employment under the new agreement.

Ridley AgriProducts Pty. Ltd. T/A Ridley AgriProducts Pty. Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established