Ridley Corporation Limited

[2014] FWCA 6304

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ridley Corporation Limited
(AG2014/7203)

RIDLEY CORPORATION LTD - DRY CREEK - ENTERPRISE AGREEMENT 2014

Salt industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 10 SEPTEMBER 2014

[1] An application for approval of an enterprise agreement known as the Ridley Corporation Ltd - Dry Creek - Enterprise Agreement 2014 (the Agreement) has been made by Ridley Corporation Limited (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] A phone conference of the parties was conducted on 9 September 2014, as a result of which certain amendments were agreed in order to rectify drafting errors within the Agreement. In each case I am satisfied that the amendments are necessary in order to ensure that the relevant provisions reflect the intent of the parties. In accordance with s.586(a) of the Act, the Fair Work Commission amends the Agreement as follows:

1. Delete the “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union, South Australian Branch (CEPU); and” where appearing in sub-clause 5.1.3(b) of the Agreement;

2. Delete “Automotive, Food, Metals and Engineering Printing Kindred Industries Union, South Australian Branch (AMWU)” where appearing in sub-clause 5.1.3(c) of the Agreement;

3. Delete the amount of $10.76 where appearing in sub-clause 18.3.1(a) of the Agreement and replace it with the amount of $11.10; and

4. Delete the words “and sub-clause Error! Reference source not found. below,” where appearing in sub-clause 24.2 of the Agreement.

[4] The Australian Workers’ Union (the AWU), being a bargaining representative for the Agreement, has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[5] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 17 September 2014. The nominal expiry date of the Agreement is 11 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ridley Corporation Limited, brought before the Fair Work Commission an application for the approval of the Ridley Corporation Ltd - Dry Creek - Enterprise Agreement 2014. The dispute centred on the procedural and substantive fairness of the agreement reached between the employer and the employees, specifically addressing terms and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the legislative requirements under the Fair Work Act 2009.

The court was required to assess whether the process by which the agreement was reached was fair and whether the terms of the agreement were equitable and complied with the statutory provisions. This involved examining the bargaining process, ensuring there was genuine negotiation, and that the agreement was not coerced. Furthermore, the court needed to consider whether the agreement provided adequate protections for employees and did not unfairly disadvantage any party.

In its reasoning, the court found that the agreement was the result of genuine and fair bargaining. The employer demonstrated that the agreement was not coerced and that it provided for fair terms and conditions. The court examined the terms of the agreement, ensuring they were not detrimental to the employees and complied with the Act. After a thorough review, the court approved the enterprise agreement, finding it to be fair and compliant with the statutory requirements.

The Fair Work Commission approved the Ridley Corporation Ltd - Dry Creek - Enterprise Agreement 2014, affirming its compliance with the Fair Work Act 2009. This approval was based on the finding that the agreement was reached through a fair bargaining process and contained equitable terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established