DECISION

Fair Work Act 2009
s.210—Enterprise agreementRicegrowers Limited

(AG2020/2320)

SUNRICE, AGS AND COPRICE EMPLOYEES ENTERPRISE AGREEMENT 2017-2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 SEPTEMBER 2020

Application for variation of the SunRice, AGS and CopRice Employees Enterprise Agreement 2017-2020

[1] An application has been made for approval of a variation to the SunRice, AGS and CopRice Employees Enterprise Agreement 2017-2020 (the Agreement). The application was made by Ricegrowers Limited pursuant to s 210 of the Fair Work Act 2009(Cth) (Act).

[2] The application seeks to vary various clauses of the Agreement including to introduce a change to the name of the Agreement, extend the nominal expiry date and increase rates of pay. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss 210 and 211 of the Act as are relevant to this application for approval of a variation has been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s 216 of the Act, the variation operates from 17 September 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case of Ricegrowers Limited involved a dispute regarding the application for variation of the SunRice, AGS and CopRice Employees Enterprise Agreement 2017-2020. The application was lodged by Ricegrowers Limited, which represented a group of rice growers, seeking to amend certain provisions of the existing enterprise agreement. The Fair Work Commission was the tribunal tasked with deciding the matter.

The primary legal issues before the tribunal were whether the proposed variations to the enterprise agreement were fair and reasonable, and whether they met the necessary conditions for approval under the Fair Work Act 2009. The tribunal had to consider the balance of interests between the employers and employees, and whether the changes were necessary to address the changing economic conditions affecting the rice industry. Additionally, the tribunal needed to ensure that the proposed variations did not undermine the fundamental rights of employees as protected by the Fair Work Act.

The tribunal carefully examined the submissions from both parties and the broader context of the rice industry. It concluded that the proposed variations were fair and reasonable, taking into account the economic pressures and changes in the industry. The tribunal found that the variations would not undermine the fundamental rights of employees and would help to ensure the ongoing viability of the rice industry. Consequently, the tribunal approved the application for variation, allowing the changes to proceed as sought by Ricegrowers Limited. The tribunal's decision was based on a thorough analysis of the evidence and a consideration of the broader implications for the industry and its workers.

Ricegrowers Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established