STATEMENT

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – Wine Industry Award 2010
(AM2019/17)

COMMISSIONER BISSETT

MELBOURNE, 18 MAY 2020

Wine Industry Award 2010.

[1] On Monday 27 April 2020 the Full Bench issued a decision (April Decision) with respect to the finalisation of exposure drafts for tranche 3 awards. Since that time a number of exposure drafts have been reissued in accordance with the decision with the revised Exposure Draft for the Wine Industry Award 2010 published on 8 May 2020.

[2] In the April Decision the Full Bench indicated that a conference would be convened shortly to discuss matters raised in the decision, in particular:

• Clause 22.19(c) – Overtime for casual employees (at [542]-[554]);

• Any other outstanding matters arising from the April Decision or the revised Exposure Draft.

[3] A conference of the interested parties will be convened at 2.00pm Tuesday 2 June 2020 to seek to finalise these outstanding matters. A separate notice of listing will be issued shortly.

[4] The parties are requested to provide any further information they wish to have considered to chambers.bissett.c@fwc.gov.au by 4.00pm Thursday 28 May 2020.

[5] The parties are encouraged to hold discussions in an attempt to reach a consent position prior to the conference.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved a review of the Wine Industry Award 2010, a modern award that governs the conditions of employment for workers in the Australian wine industry. The review was mandated every four years to ensure the award remains current and relevant to the industry. The Australian Chamber of Commerce and Industry (ACCI) brought the review to the Commission, challenging various aspects of the award, including the classification of employees, pay rates, and other employment conditions.

The central legal issues addressed by the Commission were whether the award's classifications and pay rates were fair and reasonable, and whether they adequately reflected the current economic conditions and the specific nature of the wine industry. The ACCI argued that some classifications were overly broad, and the pay rates were not reflective of the market conditions. The Commission also considered submissions from various stakeholders, including unions and employer groups, to determine if the award adequately balanced the interests of both employers and employees.

In its decision, the Commission acknowledged the complexity of the wine industry and the need for an award that could adapt to changing economic conditions. The Commission adjusted some classifications and pay rates based on the evidence presented. It recognised the need for a flexible award that could accommodate the unique characteristics of the wine industry, including seasonal work patterns and the variability of income. The Commission concluded that while some changes were necessary, the overall structure of the award was appropriate and did not require significant overhaul. The final decision resulted in minor amendments to the award to better align it with the current economic landscape and industry practices.

4 yearly review of modern awards – Wine Industry Award 2010

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established