Ricegrowers Limited Trading AS Sunrice, Australian Grain Storage, Coprice Summary

[2025] FWCA 2854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ricegrowers Limited Trading AS Sunrice, Australian Grain Storage, Coprice

(AG2025/2521)

SUNRICE, AGS AND COPRICE OPERATIONS EMPLOYEES ENTERPRISE AGREEMENT 2025 - 2028

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 26 AUGUST 2025

Application for approval of the SunRice, AGS and CopRice Operations Employees Enterprise Agreement 2025 - 2028.

An application has been made for approval of an enterprise agreement known as the SunRice, AGS and CopRice Operations Employees Enterprise Agreement 2025 - 2028 (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 Trading AS Sunrice, Australian Grain Storage, Coprice. The Agreement is a single enterprise agreement.

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

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

I note that the Agreement contains an NES precedence clause at cl.5.2, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The United Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2025. The nominal expiry date of the Agreement is 30 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Ricegrowers Limited Trading as SunRice, Australian Grain Storage, and Coprice, which together sought approval for the SunRice, AGS and CopRice Operations Employees Enterprise Agreement 2025-2028. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing the agreement against provisions related to good faith bargaining, procedural fairness, and the terms and conditions of employment.

The key legal issues the Commission had to decide were whether the agreement was the product of genuine and meaningful negotiations between the parties, and if it contained terms that complied with the statutory requirements for an enterprise agreement. The Commission considered whether there was evidence of procedural fairness, such as providing relevant information to employees, and if the agreement included mandatory terms that were in line with the provisions of the Fair Work Act.

The Commission found that the agreement was indeed the product of genuine negotiations and procedural fairness was upheld. The terms of the agreement were considered to be fair and reasonable, meeting the requirements for approval. The Commission emphasised that the agreement contained provisions that addressed the needs of both employers and employees, including fair wages, working conditions, and dispute resolution mechanisms. The Commission concluded that the proposed agreement was fair and appropriate for approval, thereby granting the application.

As a result of the Commission’s decision, the SunRice, AGS and CopRice Operations Employees Enterprise Agreement 2025-2028 was approved. This decision provides clarity for the involved parties and sets a precedent for similar agreements, ensuring that the balance between the rights of employers and employees is maintained in enterprise agreements.

Ricegrowers Limited Trading AS Sunrice, Australian Grain Storage, Coprice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established