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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Angove's Pty Ltd, trading as Angove's Family Winemakers, applied to the Fair Work Commission for approval of the Angove Vineyards Enterprise Agreement 2014-2017. The respondents, who included the Australian Workers' Union and various employees, contested the application on the grounds that the proposed agreement did not meet the requirements for employee participation in the bargaining process. The matter was heard by the Full Bench of the Fair Work Commission, led by Commissioner Scott.

The legal issues before the Court centred around whether there was adequate employee participation in the bargaining process, and if the agreement complied with the relevant sections of the Fair Work Act 2009. Specifically, the Court needed to determine whether the majority of employees were genuinely involved in the bargaining process and if the agreement was fair and reasonable in all its aspects. The Court also had to consider whether the agreement contained provisions that were contrary to public policy.

The Court found that there was sufficient employee participation in the bargaining process, as a majority of employees had been involved in the negotiations. The Court also concluded that the agreement was fair and reasonable in all its aspects, taking into account the nature of the enterprise and the bargaining position of the parties. Regarding the provisions contrary to public policy, the Court found that the agreement did not contain any such provisions. Consequently, the Court approved the Angove Vineyards Enterprise Agreement 2014-2017, dismissing the respondents' objections.

The Court ordered that the Angove Vineyards Enterprise Agreement 2014-2017 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from 1st July 2014 until 30th June 2017, and would govern the terms and conditions of employment for the employees covered by the agreement. The respondents were ordered to pay Angove's costs of the application.

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