austlii:cth/FWCA/2025/3626
General information, not legal advice.
FWCA
2025-11-07
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
RIDLEY AGRIPRODUCTS PTY LTD - TERANG - ENTERPRISE AGREEMENT 2025
Application for approval of the Ridley AgriProducts Pty Ltd - Terang - Enterprise Agreement 2025.
[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Terang - Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ridley Agriproducts Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 13 October 2025.
[3] I note that multiple clauses are inconsistent with the National Employment Standards (NES). The clauses are as follows:
Personal/Carer's Leave - Notification on Absence (Clause 22.6.1)
Notice of Termination - Withholding Monies (Clause 32.3)
Redundancy - Alternative Employment (Clause 33.6)
[4] Given the NES precedence clause at clause 7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[5] The Applicant has provided written undertakings, dated 22 October 2025, and a copy is attached in Schedule C of the Agreement. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.
[6] I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.
[7] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 14 July 2026.

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