Ricegrowers Limited T/A SunRice, CopRice and Australian Grain Storage Pty Ltd

[2024] FWCA 3263

[2024] FWCA 3263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ricegrowers Limited T/A SunRice, CopRice and Australian Grain Storage Pty Ltd

(AG2024/3035)

SUNRICE, AGS AND COPRICE MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2024-2026

Food, beverages and tobacco manufacturing industry
COMMISSIONER MIRABELLA	MELBOURNE, 1 OCTOBER 2024

Application for approval of the SunRice, AGS and CopRice Maintenance Employees Enterprise Agreement 2024-2026.

1. Ricegrowers Limited T/A SunRice, CopRice and Australian Grain Storage Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the SunRice, AGS and CopRice Maintenance Employees Enterprise Agreement 2024-2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 27 February 2024 and the Agreement was made on 26 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

• Clause 20.2: Compassionate leave

• Clause 21.1(c): Public holiday substitution

• Clause 23.3(b): Withholding monies at termination

1. However, noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2), and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.

1. The Agreement was approved on 1 October 2024 and, in accordance with s.54, will operate from 8 October 2024. The nominal expiry date of the Agreement is 30 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE526072  PR779240>

Annexure A