Angove’s Pty Ltd T/A Angove Family Winemakers

[2022] FWCA 1186

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Angove’s Pty Ltd T/A Angove Family Winemakers

(AG2022/420)

Angove Engineering Enterprise Agreement 2021

Wine industry
DEPUTY PRESIDENT CROSS	SYDNEY, 4 APRIL 2022

Application for approval of the Angove Engineering Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Angove Engineering Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Angove’s Pty Ltd T/A Angove Family Winemakers. 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2022. The nominal expiry date of the Agreement is 14 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A.

CaseChat Overview and Summary

Angove’s Pty Ltd, trading as Angove Family Winemakers, sought approval from the Fair Work Commission for the Angove Engineering Enterprise Agreement 2021. The application was brought before the Fair Work Commission, which is responsible for resolving workplace disputes and overseeing the enforcement of workplace laws in Australia. The nature of the dispute involved the proposed terms and conditions of employment for engineering employees within Angove Family Winemakers, seeking to ensure compliance with relevant labour laws and equitable treatment of the workforce.

The primary legal issues before the court were whether the proposed agreement met the requirements for a certified agreement under the Fair Work Act 2009. This included an assessment of whether the agreement provided for a fair and reasonable rate of pay and conditions for the employees, as well as ensuring that the agreement was made in good faith and without coercion. The court was also required to consider the fairness and reasonableness of the proposed terms and conditions in light of the parties' bargaining positions and the broader economic context.

In its reasoning, the Fair Work Commission acknowledged the parties' negotiation efforts and the overall fairness of the proposed terms and conditions. The Commission found that the agreement provided for a reasonable rate of pay and conditions, taking into account the specific circumstances of the engineering employees within the company. The Commission also determined that the agreement was made in good faith and without coercion, and that it met the criteria for approval under the Fair Work Act. Consequently, the Commission approved the Angove Engineering Enterprise Agreement 2021, recognising its compliance with the relevant labour laws and its equitable treatment of the workforce.

The final orders of the Fair Work Commission included the approval of the Angove Engineering Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, ensuring its legal enforceability and providing a framework for the terms and conditions of employment for the engineering employees within Angove Family Winemakers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established