DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridley AgriProducts Pty Ltd T/A Ridley AgriProducts
(AG2018/5966)

RIDLEY AGRIPRODUCTS PTY LTD - MAFFRA - ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Maffra - 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. 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, and on the basis of the material contained in the application and 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 March 2019 and, in accordance with s.54, will operate from 1 April 2019. The nominal expiry date of the Agreement is 15 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Ridley AgriProducts Pty Ltd for approval of their proposed Enterprise Agreement for the year 2018. The respondents, who were employees of the company, contested certain provisions of the agreement, arguing they were not in the best interest of the workers. The legal dispute centred on whether the agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the employees argued that the proposed agreement did not adequately address certain conditions of employment, such as pay rates, penalty rates, and working conditions.

The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory criteria for approval, which included ensuring the agreement was in the best interests of the employees, was free from coercion and undue influence, and did not contravene any federal safety or health legislation. The employees' submissions primarily focused on the adequacy of the pay rates and the conditions outlined in the agreement. The Commission had to weigh these submissions against the provisions of the Fair Work Act and the principle of good faith bargaining, which requires both parties to negotiate in a manner that is fair and reasonable.

In its decision, the Fair Work Commission considered the submissions from both parties and the broader context of the agreement. The Commission determined that, while some of the employees' concerns about the agreement were valid, the overall agreement was in the best interests of the employees. The Commission found that the proposed pay rates and conditions were reasonable, and there was no evidence of coercion or undue influence. The Commission also found that the agreement complied with the requirements of the Fair Work Act, including the good faith bargaining principle. As a result, the Commission approved the Enterprise Agreement.

The Fair Work Commission's final order was that the Ridley AgriProducts Pty Ltd - Maffra - Enterprise Agreement 2018 be approved in its entirety. This decision meant that the agreement would be binding on all employees covered by the agreement, effective from the date of the Commission's approval.

Ridley AgriProducts Pty Ltd T/A Ridley AgriProducts

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established