Application for approval of the Ridley AgriProducts & United Workers Union - Wellsford - Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts & United Workers Union - Wellsford - Enterprise Agreement 2025 (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. The Agreement is a single enterprise agreement.

[2] Clause 35 of the Agreement contains a workplace delegates rights term, but it is less favourable than that provided by the two relevant modern Award - the Food, Beverage and Tobacco Manufacturing Award 2020 and the Manufacturing and Associated Industries and Occupations Award 2020. On this basis, and pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

Interaction with the National Employment Standards

[3] Clause 7.3 of the Agreement provides that the Agreement is to be read and interpreted in conjunction with the National Employment Standards (NES) and where there is any inconsistency between the Agreement and the NES, the more beneficial provision will apply. (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Clause 26.4 of the Agreement, which appears to provide that an alternative day may be taken as a public holiday by agreement between the employer and a group of employees, as opposed to such an agreement being only permissible by agreement between the employer and an individual employee, in accordance with s 115(3) of the Act.

2. Clause 33.3 provides for monies to be withheld on termination in some circumstances but, to the extent this may allow for entitlements required to be provided by the NES to be withheld, the clause will have no effect due to the NES precedence clause.

3. Clause 34.4 provides that an employee is not entitled to redundancy pay where they have been offered acceptable alternative employment. Section 120 of the Act provides that an exemption from paying redundancy pay (where applicable) is only available upon application to the Commission.

[4] Based on the material filed in support of the application for approval of the Agreement, 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.

[5] The United Workers' Union (UWU) 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) I note that the Agreement covers the UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

Printed by authority of the Commonwealth Government Printer