DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ricegrowers Limited T/A SunRice, Australian Grain Storage (AGS) and CopRice
(AG2017/3180)

SUNRICE, AGS AND COPRICE EMPLOYEES ENTERPRISE AGREEMENT 2017-2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 OCTOBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the SunRice, AGS and CopRice Employees Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ricegrowers Limited TA SunRice, Australian Grain Storage (AGS) and CopRice. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 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), National Union of Workers’, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 16 October and, in accordance with s.54, will operate from 23 October 2017. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Ricegrowers Limited, trading as SunRice, Australian Grain Storage (AGS), and CopRice, who collectively sought approval of the SunRice, AGS and CopRice Employees Enterprise Agreement 2017-2020. The application was made under the Fair Work Act 2009 and was brought by the respondents, who represented the employees of the applicants. The dispute centred on the terms and conditions of employment, remuneration, and other workplace arrangements outlined in the proposed agreement.

The primary legal issues that the Commission had to address were whether the proposed enterprise agreement complied with the relevant statutory requirements and whether it met the criteria for being a "better off overall test" (BOOT) agreement. This involved assessing if the agreement provided employees with conditions that were no worse than those provided under the applicable award or modern award and whether the agreement was likely to result in an improved overall position for the employees. The Commission also needed to ensure that the agreement complied with the procedural requirements set out in the Fair Work Act.

In its decision, the Fair Work Commission determined that the proposed enterprise agreement did indeed comply with the statutory requirements and met the BOOT criteria. The Commission found that the agreement provided employees with conditions that were at least as good as, and in some instances better than, those provided under the relevant awards. Furthermore, the agreement satisfied all procedural requirements under the Act. Consequently, the Commission approved the enterprise agreement, confirming that it would be binding on the parties from the effective date specified in the agreement.

The final orders of the Commission included the approval of the SunRice, AGS and CopRice Employees Enterprise Agreement 2017-2020, with the effective date to be determined in accordance with the agreement's terms. The Commission also directed that the agreement be registered with the Fair Work Commission and that all necessary notices be provided to the employees as required by law.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established