Ridley AgriProducts Pty Ltd T/A Ridley AgriProducts Pty Ltd Summary

[2018] FWCA 394

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd T/A Ridley AgriProducts Pty Ltd

(AG2017/5513)

Ridley AgriProducts Pty Ltd - Murray Bridge - Enterprise Agreement 2017

Food, beverages and tobacco manufacturing industry
Commissioner Johns	SYDNEY, 18 JANUARY 2018

Application for approval of the Ridley AgriProducts Pty Ltd - Murray Bridge - Enterprise Agreement 2017.

On 14 November 2017 Ridley AgriProducts Pty Ltd T/A Ridley AgriProducts Pty Ltd (Applicant) made an application for approval of the Ridley AgriProducts Pty Ltd - Murray Bridge - Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.
The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 25 January 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Ridley AgriProducts Pty Ltd, trading as Ridley AgriProducts, and the Australian Manufacturing Workers' Union. The dispute centred around the approval of the Ridley AgriProducts Pty Ltd - Murray Bridge - Enterprise Agreement 2017, with the Australian Manufacturing Workers' Union challenging the application. The Fair Work Commission, the body responsible for regulating employment and workplace relations, was the court in which this matter was heard.

The primary legal issues before the Commission were whether the enterprise agreement met the requirements under the Fair Work Act 2009 and if the application process had been conducted fairly. Specifically, the Commission needed to determine if the agreement had been made genuinely for the purpose of regulating the employment relationship between the employer and employees, and if the application process adhered to the necessary procedural fairness. The Union argued that the agreement did not meet these criteria.

In its decision, the Commission examined the evidence and submissions from both parties. It found that the enterprise agreement was genuine and had been made for the purpose of regulating the employment relationship. The Commission also concluded that the application process was conducted in a fair manner, adhering to procedural fairness. Consequently, the Commission approved the Ridley AgriProducts Pty Ltd - Murray Bridge - Enterprise Agreement 2017, dismissing the Union's objections. The Commission's decision was based on a thorough analysis of the evidence and a consideration of the legal principles governing enterprise agreements and application processes.

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