Ricegrowers Limited
[2022] FWCA 2360
•15 JULY 2022
| [2022] FWCA 2360 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ricegrowers Limited
(AG2022/2069)
SunRice, AGS and CopRice Operations Employees Enterprise Agreement 2022-2025
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 15 JULY 2022 |
Application for approval of the SunRice, AGS and CopRice Operations Employees Enterprise Agreement 2022-2025
Ricegrowers Limited has made an application for approval of an enterprise agreement known as the SunRice, AGS and CopRice Operations Employees Enterprise Agreement 2022-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the copy of the Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed from. Further, the NERR was not given to all employees within 14 days of notification time. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that these constitute minor procedural or technical errors for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.
The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.
The United Workers Union (UWU), 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 its declaration, I note that the Agreement covers the UWU.
The Agreement was approved on 15 July 2022 and, in accordance with s 54, will operate from 22 July 2022. The nominal expiry date of the Agreement is 30 April 2025.
DEPUTY PRESIDENT
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Annexure A
[1] [2019] FWCFB 318
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