Angove's Pty Ltd T/A Angove's Family Winemakers

[2015] FWCA 7464

[2015] FWCA 7464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Angove's Pty Ltd T/A Angove's Family Winemakers
(AG2015/4333)

ANGOVE VINEYARDS ENTERPRISE AGREEMENT 2014-2017

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 29 OCTOBER 2015

Application for approval of the Angove Vineyards Enterprise Agreement 2014 - 2017.

[1] An application for approval of an enterprise agreement known as the Angove Vineyards Enterprise Agreement 2014-2017 (the Agreement) has been made by Angove’s Pty Ltd T/A Angove Family Winemakers (the employer or Angove’s). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] United Voice, being a bargaining representative for the Agreement,opposed the application for approval. A hearing was held and a decision issued on 19 October 2015 in [2015] FWC 7106 (the decision). In short, I determined that the Agreement could be approved subject to the provision of certain undertakings from the employer. Undertakings were subsequently provided by the employer. United Voice was given the opportunity to express a view about the undertakings and did not raise any objections. 1

[3] I am satisfied that the undertakings meet the concerns identified in the decision and that the other relevant requirements of s.190 of the Act have been met. The undertakings will be taken to be terms of the Agreement and can be found at the end of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 5 November 2015. The nominal expiry date of the Agreement is 13 November 2017.

DEPUTY PRESIDENT

 1   United Voice had argued that the undertakings result in substantial changes to the Agreement. I rejected this submission for reasons outlined at [46] to [55] of the decision.

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