DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Angove’s Pty Ltd T/A Angove Family Winemakers
(AG2020/4065)

ANGOVE BOOKMARK AVENUE ENTERPRISE AGREEMENT 2020-2023

Wine industry
DEPUTY PRESIDENT CROSS	SYDNEY, 12 MARCH 2021

Application for approval of the Angove Bookmark Avenue Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Angove Bookmark Avenue Enterprise Agreement 2020-2023 (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.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2021. The nominal expiry date of the Agreement is 12 November 2023.

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, applied to the Fair Work Commission for the approval of the Angove Bookmark Avenue Enterprise Agreement 2020-2023. The application was made on behalf of the employees covered by the proposed agreement, who are employed in the wine production industry. The application was contested by the Liquor and Hospitality Workers Union (LHWU), which argued that the proposed agreement did not provide adequate protections for employees and failed to comply with relevant legislative requirements.

The key legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith and without coercion. The Commission also needed to consider whether the agreement provided for the proper regulation of workplace relations and whether it was in the best interests of the employees.

In delivering its decision, the Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission noted that the agreement provided for a range of protections for employees, including minimum rates of pay, leave entitlements, and provisions for the resolution of disputes. The Commission also found that the agreement had been made in good faith and without coercion, and that it provided for the proper regulation of workplace relations. The Commission further determined that the agreement was in the best interests of the employees, as it provided for a range of benefits and protections that were not currently available to them.

The Commission approved the Angove Bookmark Avenue Enterprise Agreement 2020-2023, subject to certain modifications to address the concerns raised by the LHWU. The modifications included changes to the agreement’s provisions relating to shift rosters, overtime, and the handling of grievances and disputes. The Commission determined that these modifications were necessary to ensure that the agreement met the requirements of the Fair Work Act and provided adequate protections for employees.

Angove’s Pty Ltd T/A Angove Family Winemakers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established