Ricegrowers Limited

Case

[2022] FWCA 2072

23 JUNE 2022


[2022] FWCA 2072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ricegrowers Limited

(AG2022/1630)

SunRice, AGS and CopRice Maintenance Employees Enterprise Agreement 2022-2024

Food, beverages and tobacco manufacturing industry

COMMISSIONER MCKINNON

SYDNEY, 23 JUNE 2022

Application for approval of the SunRice, AGS and CopRice Maintenance Employees Enterprise Agreement 2022-2024

  1. Ricegrowers Limited T/A SunRice, CopRice Feeds and Australian Grain Storage Pty Ltd has applied for approval of a single enterprise agreement known as the SunRice, AGS and CopRice Maintenance Employees Enterprise Agreement 2022-2024 (the Agreement).

  1. The notice of employee representational rights given to employees did not reflect amendments made to the prescribed form in 2017 and as a result, was not in the form prescribed by s.174(1A) of the Fair Work Act 2009 and Schedule 2.1 to the Fair Work Regulations 2009. In the circumstances, including a high level of employee engagement in the appointment of bargaining representatives and active union representation in the bargaining process, employees were not likely to have been disadvantaged by the error. The error is a minor technical error for the purpose of s.188(2) of the Act.

  1. A written undertaking has been given in accordance with section 190 of the Act and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

  1. The Agreement is approved and will operate from 30 June 2022. The nominal expiry date of the Agreement is 30 April 2024.

  1. The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE516392  PR742962>

Annexure A

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