DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vintage Limited
(AG2018/7448)

AUSTRALIAN VINTAGE LTD - BURONGA HILL WINERY ENTERPRISE AGREEMENT 2018

Wine industry
COMMISSIONER LEE	SYDNEY, 15 AUGUST 2019

Application for approval of the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Vintage Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Australian Workers’ Union 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.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 31 – Additional Annual Leave

However, noting clause 4 (b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Vintage Limited applied to the Fair Work Commission for approval of the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2018. The applicant, a wine producer, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act, particularly regarding the coverage of employees and the proper negotiation process.

The primary legal issues before the Commission were whether the agreement was appropriately negotiated and whether it covered all relevant employees. The Commission had to determine if the negotiation process adhered to the statutory requirements and if the agreement provided adequate terms and conditions for the employees it covered.

The Commission found that the agreement was not appropriately negotiated as the parties had failed to reach a genuine agreement. The applicant had not demonstrated that it had genuinely negotiated with the relevant employees or their representatives. Additionally, the agreement did not cover all relevant employees, as it excluded a specific group of employees who were part of the bargaining unit. These findings led to the conclusion that the agreement did not meet the statutory criteria for approval.

The Fair Work Commission ultimately dismissed the application for approval of the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2018. The decision highlighted the importance of genuine negotiation and the proper coverage of employees in the agreement approval process.

Australian Vintage Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established