Ricegrowers Limited T/A SunRice, Australian Grain Storage (AGS) and CopRice

[2014] FWCA 7591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ricegrowers Limited T/A SunRice, Australian Grain Storage (AGS) and CopRice
(AG2014/9528)

SUNRICE, AGS AND COPRICE EMPLOYEES ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 OCTOBER 2014

Application for approval of the Sunrice, AGS and CopRice Employees Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Sunrice, AGS and CopRice Employees Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the National Union of Workers, being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 31 October 2014. The nominal expiry date of the Agreement is 30 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ricegrowers Limited, trading as SunRice, Australian Grain Storage (AGS), and CopRice applied for approval of the Sunrice, AGS and CopRice Employees Enterprise Agreement 2014-2017. The application was opposed by the Australian Workers' Union (AWU). The dispute centred on the terms and conditions of employment for employees within the industry, specifically addressing wages, working conditions, and other employment matters as outlined in the proposed enterprise agreement.

The legal issues before the Commission involved the determination of whether the proposed enterprise agreement complied with the Fair Work Act 2009, particularly concerning the process through which the agreement was made and its substantive provisions. Key considerations included whether the agreement was made in good faith, whether it met the requirements of the "better off overall test" (BOOT), and if it contained provisions that were contrary to the provisions of the Fair Work Act or the National Employment Standards.

The Commission examined the process through which the agreement was negotiated, finding that it was conducted in good faith and that the parties had engaged in genuine bargaining. Regarding the substantive provisions, the Commission assessed whether the terms of the agreement provided employees with a fair and reasonable outcome when compared to the applicable awards and the National Employment Standards. The Commission found that the proposed agreement did meet the BOOT, as it provided employees with a reasonable improvement in their terms and conditions of employment without imposing any unreasonable detriments.

Ultimately, the Commission approved the Sunrice, AGS and CopRice Employees Enterprise Agreement 2014-2017, deeming it compliant with the requirements of the Fair Work Act. The approval of the agreement was effective from the date of the decision, and it was registered with the Fair Work Commission. This decision ensured that the terms and conditions of employment within the industry were governed by the agreed-upon enterprise agreement rather than the applicable awards and the National Employment Standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established