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

[2013] FWCA 680

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
(AG2013/51)

ANGOVE ENGINEERING ENTERPRISE AGREEMENT 2011 - 2014

Wine industry
COMMISSIONER HAMPTON	ADELAIDE, 30 JANUARY 2013

Application for approval of the Angove Engineering Enterprise Agreement 2011 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Angove Engineering Enterprise Agreement 2011 - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Angove's Pty Ltd T/A Angove's Family Winemakers. The Agreement is a single-enterprise agreement.

[2] On 30 January 2013, I conducted a telephone conference of the parties to explore the application generally including shiftwork arrangements.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2013. The nominal expiry date of the Agreement is 14 November 2014.

COMMISSIONER

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CaseChat Overview and Summary

Angove's Pty Ltd, trading as Angove's Family Winemakers, applied to the Fair Work Commission for the approval of the Angove Engineering Enterprise Agreement 2011-2014. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement, which was to cover employees in the engineering department of Angove's. The dispute centred on whether the agreement complied with the statutory requirements, particularly regarding its coverage of employees, the terms of employment, and the processes followed in reaching the agreement.

The central legal issues before the Commission involved whether the agreement was made in good faith and whether it covered all employees within the nominated group. The Commission had to consider whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and if the bargaining processes were conducted appropriately. The Commission also needed to determine if the agreement's provisions were consistent with the national employment standards and other relevant laws.

In its decision, the Commission found that the agreement was made in good faith and that the bargaining processes were fair and appropriate. The terms of the agreement were deemed to be reasonable and consistent with the national employment standards. The Commission also confirmed that the agreement covered all employees within the nominated group and that the process of reaching the agreement was transparent and compliant with the relevant legislation. Based on these findings, the Commission approved the Angove Engineering Enterprise Agreement 2011-2014, deeming it to be a lawful and fair agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established