1847 Winery (SA) Pty Ltd T/A 1847 Wines - Chateau Yaldara

[2018] FWCA 3498

[2018] FWCA 3498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

1847 Winery (SA) Pty Ltd T/A 1847 Wines - Chateau Yaldara
(AG2018/2288)

AUSTRALIAN VINTAGE LTD. - YALDARA EMPLOYEE ENTERPRISE AGREEMENT 2012

Wine industry
COMMISSIONER PLATT	ADELAIDE, 22 JUNE 2018

Application for termination of the Australian Vintage Ltd. - Yaldara Employee Enterprise Agreement 2012.

[1] On 30 May 2018, 1847 Winery (SA) Pty Ltd T/A 1847 Wines - Chateau Yaldara (the Employer) filed an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Yaldara Employee Enterprise Agreement 2012 (the Agreement).

[2] Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

“223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.”

[3] On 14 June 2018 Directions were issued advising that the application had been received and that it would be listed for a telephone Hearing on 22 June 2018 at 10:00am, and invited any person who wished to be heard to attend. Copies of the Directions were provided to United Voice (an organisation bound by the Agreement) and the Applicant was required to provide a copy of the Directions to all employees covered by the Agreement.

[4] On 15 June 2018, Mr Zammit on behalf of United Voice advised that United Voice did not wish to be heard on the matter.

[5] On 18 June 2018, the Applicant confirmed that each employee covered by the Agreement had been given a copy of the Directions and Notice of Listing.

[6] On 22 June 2018, a telephone Hearing was conducted. Mr Wallgren from the South Australian Wine Industry Association Incorporated represented the Applicant, with Mr Grundel and Ms Bosenburg. Mr Jeff Hahnns, Cellerhand, an employee covered by the Agreement also attended.

[7] Mr Wallgren relied on the material filed.

[8] Mr Hahnns advised that he supported the termination of the Agreement.

[9] Based on the material that is before me, including the Statutory Declaration of Anthony Grundel of the Employer, I am satisfied that the requirements of s.223 of the Act have been met.

[10] In accordance with s.224 of the Act, the termination of the Agreement will come into effect on the date of this decision.

COMMISSIONER

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