DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vintage Limited
(AG2019/516)

AUSTRALIA VINTAGE LTD - BURONGA HILL WINERY MAINTENANCE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 6 MAY 2019

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

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

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 30 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Australian Vintage Limited, sought approval of the Australian Vintage Ltd - Buronga Hill Winery Maintenance Enterprise Agreement 2018. The applicant argued that the agreement contained necessary terms and conditions for the efficient operation of the Buronga Hill Winery, including provisions for casual employment, wages, and working hours. The dispute arose from objections by various union representatives who claimed that the agreement did not adequately protect the rights of employees.

The central legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it fairly represented the interests of the employees. Specifically, the objections raised questions about the adequacy of the agreement's provisions on casual employment, wage rates, and the process for resolving disputes. The Commission had to determine if the agreement was made in good faith, provided for minimum entitlements, and was not less favourable than the applicable award or registered agreement.

The Fair Work Commission found that the agreement met the statutory requirements and was made in good faith. The Commission determined that the provisions regarding casual employment, wages, and working hours were fair and reasonable, considering the specific operational needs of the winery. The Commission also noted that the agreement provided for minimum entitlements and did not disadvantage employees compared to the relevant award or registered agreements. Therefore, the Commission approved the agreement as it was presented. The decision was based on a comprehensive analysis of the agreement's terms, the context of the Buronga Hill Winery's operations, and the relevant statutory provisions.

The Fair Work Commission approved the Australian Vintage Ltd - Buronga Hill Winery Maintenance Enterprise Agreement 2018, finding it met the statutory requirements and was made in good faith. The Commission concluded that the agreement was fair and reasonable, providing adequate protections for employees while allowing for the efficient operation of the winery. The approval of the agreement was subject to the terms and conditions set out in the decision.

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