Right to repair agreement in limbo

Discussions between the NFF and the TMA towards a historic right to repair agreement for agricultural machinery have fizzled out.

Discussions between the National Farmers’ Federation and the Tractor Machinery Association on a historic right to repair agreement have fizzled out.

The two parties had been engaged in discussions towards a potential Memorandum of Understanding, which could give farm machinery owners the ability to fix their equipment independently of the manufacturer, without voiding warranties.

National Farmers Federation president David Jochinke at Old Parliament House in Canberra. Picture: Martin Ollman

“While we were unable to reach a MoU, both parties participated in these discussions in good faith,” NFF president David Jochinke said.

“Our focus now is on advocating for a mandated Right to Repair for agricultural machinery – something we see as essential to ensure Australian farmers remain competitive.”

This comes after the NFF welcomed comments from the Assistant Minister for Competition Andrew Leigh last week, who said extending the right to repair law in Australia, which currently services the motor vehicle sector, to other sectors, including agriculture, was a “good thing for the economy, businesses and consumers”.

Assistant Minister for Competition Andrew Leigh. Picture: Martin Ollman

“Compared to car manufacturers, agricultural machinery makers have greater ability to leverage their market share in new sales to reduce competition in the market for servicing, repairs and parts,” Mr Leigh said.

“Farmers have few choices when buying machinery but even less choice when servicing or repairing that equipment.”

Rural affairs manager at GrainGrowers Sean Cole said ultimately guidance from the Minister would be needed to help facilitate the outcome.

“We’d like as much done as possible … get the best outcome for growers that resemble something close to the rights that people have with light vehicles for the right to repair,” he said.

“There’s a range of options. It could be a voluntary code, it could be a mandatory code, or obviously top of the pile would be legislation, which is changes to the Australian Competition Act 2010.”

Talks initially began following a landmark MoU between John Deere and the American Farm Bureau Federation in early 2023 that allowed US farmers to fix John Deere machinery independent of an authorised dealer.

Canada has also passed right-to-repair legislation, this week amending their Copyright Act, passing two bills that will give farmers access to crucial diagnostic software needed to repair sophisticated machinery.