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
(AG2015/6)

ANGOVE BOOKMARK AVENUE ENTERPRISE AGREEMENT 2014-2017

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 22 JANUARY 2015

[1] An application for approval of an enterprise agreement known as the Angove Bookmark Avenue Enterprise Agreement 2014-2017 (the Agreement) has been made by Angove’s Pty Ltd (the employer). 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] The provisions of Clause 10 Consultation Arrangements and Clause 13 Individual Flexible Working Arrangements are not wholly compliant with the requirements of the Act. 1 Accordingly the model consultation term and the model flexibility term will be taken to be terms of the Agreement. The model clauses are appended to the Agreement as Schedule A and Schedule B

[3] 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.

[4] United Voice has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers United Voice.

[5] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 29 January 2015. The nominal expiry date of the Agreement is 12 November 2017.

DEPUTY PRESIDENT

1 Section 205(1A)(b) and s.203(2)(a), respectively

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Angove’s Pty Ltd, trading as Angove’s Family Winemakers, applied for the approval of an enterprise agreement known as the Angove Bookmark Avenue Enterprise Agreement 2014-2017. The applicant sought approval under section 185 of the Fair Work Act 2009, which pertains to the process of approving single-enterprise agreements. The dispute centred on whether the agreement met the necessary requirements for approval under the Act.

The court was required to decide whether the Agreement contained the appropriate terms and conditions as stipulated by the Fair Work Act, particularly focusing on the procedural fairness and the proper representation of the employee interests. It was necessary to determine if the agreement adhered to the mandatory provisions set out in the Act and whether the agreement was made in good faith and without coercion.

The court found that the agreement was made in good faith and without coercion, and that it contained all the required terms and conditions as per the Act. The employer had provided adequate information and had not exercised any undue influence over the employees. The court also noted that the agreement had been negotiated with a certified union, which provided a layer of procedural fairness. Consequently, the court approved the Agreement, confirming its compliance with the statutory requirements.

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

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established