Ricegrowers Limited Summary

[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

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).

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.

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.

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

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

Annexure A

CaseChat Overview and Summary

The applicant, Ricegrowers Limited, sought the Fair Work Commission's approval of the SunRice, AGS and CopRice Maintenance Employees Enterprise Agreement 2022-2024. The Commission was asked to determine if the agreement was in the public interest and met the requirements of the Fair Work Act. The applicant argued that the agreement provided for fair and efficient workplace relations and adequately protected employees' rights and interests.

The central legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act and whether it was in the public interest. The Commission considered whether the agreement adequately protected employees' rights and interests, provided for fair and efficient workplace relations, and did not undermine the integrity of the industrial relations system. The Commission also examined whether the agreement provided for appropriate dispute resolution mechanisms and whether it adequately protected vulnerable employees.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act and was in the public interest. The Commission noted that the agreement provided for fair and efficient workplace relations and adequately protected employees' rights and interests. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and did not undermine the integrity of the industrial relations system. The Commission was satisfied that the agreement adequately protected vulnerable employees and was in the best interests of the parties involved.

The Fair Work Commission approved the SunRice, AGS and CopRice Maintenance Employees Enterprise Agreement 2022-2024, subject to certain conditions. The Commission imposed conditions to ensure that the agreement did not undermine the integrity of the industrial relations system and adequately protected vulnerable employees. The Commission also imposed conditions to ensure that the agreement provided for appropriate dispute resolution mechanisms and adequately protected employees' rights and interests. The applicant was ordered to comply with the conditions imposed by the Commission.

Ricegrowers Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established