DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Angove’s Pty Ltd T/A Angove’s Family Winemakers
(AG2017/6799)

ANGOVE BOOKMARK AVENUE ENTERPRISE AGREEMENT 2017-2020

Wine industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Angove Bookmark Avenue Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Angove Bookmark Avenue Enterprise Agreement 2017-2020 (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’s Family Winemakers. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] United Voice 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2018. The nominal expiry date of the Agreement is 12 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Angove’s Pty Ltd, trading as Angove’s Family Winemakers, filed an application in the Fair Work Commission seeking approval of the Angove Bookmark Avenue Enterprise Agreement 2017-2020. The application arose from the negotiation of terms and conditions of employment between the employer and the employees covered by the agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained the required minimum terms and conditions of employment. The employer argued that the agreement was fairly negotiated and included all necessary terms and conditions. The Commission examined the evidence and submissions to assess the negotiation process and the content of the agreement. It considered whether the agreement complied with the procedural requirements and substantive provisions of the Act.

The Commission found that the Angove Bookmark Avenue Enterprise Agreement 2017-2020 was genuinely negotiated and contained the required minimum terms and conditions. The evidence showed that the parties had engaged in a fair and genuine negotiation process, and the agreement reflected the outcomes of those negotiations. The Commission also determined that the agreement met all statutory requirements and contained all the necessary terms and conditions as stipulated by the Fair Work Act 2009. As a result, the Commission approved the agreement.

In conclusion, the Fair Work Commission approved the Angove Bookmark Avenue Enterprise Agreement 2017-2020, finding that it was genuinely negotiated and contained the required minimum terms and conditions. The Commission’s decision was based on a thorough examination of the negotiation process and the content of the agreement, which met all statutory requirements.

Angove’s Pty Ltd T/A Angove’s 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