austlii:cth/FWCA/2026/683
General information, not legal advice.
FWCA
2026-03-18
Original judgment source is linked above.
s.185 - Enterprise agreement
RIDLEY AGRIPRODUCTS PTY LTD - CLIFTON - ENTERPRISE AGREEMENT 2026
Application for approval of the Ridley AgriProducts Pty Ltd - Clifton - Enterprise Agreement 2026
[1] This decision deals with an application made for approval of an enterprise agreement known as the Ridley AgriProducts Pty Ltd - Clifton - Enterprise Agreement 2026 (the Agreement). The Application was made 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] In assessing the better off overall test in this Agreement, the Commission raised concerns with the Applicant about provisions for employees who might work non-successive afternoon/night shifts in accordance with clause 19.9.1 of the Agreement. The Applicant asserts there be an obvious errors, defect or irregularity in that the clause references a clause in the previous Agreement and the corresponding reference in this Agreement should read 19.9.1 instead of 19.12. Bargaining representatives were provided an opportunity to make submissions and raised no concerns. I am satisfied that this issue constitutes an obvious error, defect, or irregularity and I amend the reference to Clause 19.12 in Clause 19.9.1 to instead reference Clause 19.9.1 itself Agreement accordingly pursuant to s.218A of the Act.
[3] The Applicant has provided written undertakings. 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.
[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the undertakings.
[5] Pursuant to s.190(3) of the Act, I accept the undertakings.
[6] Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 25 March 2026. The nominal expiry date of the Agreement is 20 February 2029.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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