[2019] FWCA 1853

The attached document replaces the document previously issued with the above code on 20 March 2019.

The Agreement name in the preamble and paragraph [1] are amended.

Associate to Commissioner Wilson

Dated 21 March 2019

[2019] FWCA 1853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vintage Limited
(AG2018/5852)

AUSTRALIAN VINTAGE LIMITED - MERBEIN WORKSHOP ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 20 MARCH 2019

Application for approval of the Australian Vintage Limited - Merbein Workshop Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Vintage Limited - Merbein Workshop 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 “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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Vintage Limited, an entity involved in the wine production industry, sought approval for the Australian Vintage Limited - Merbein Workshop Enterprise Agreement 2018 from the Fair Work Commission. The dispute centred on whether the agreement should be approved under the Fair Work Act 2009, given the procedural and substantive fairness of the agreement.

The legal issues before the Commission were primarily whether the agreement was a "simple, fair and in-principle agreement" as defined by section 230 of the Fair Work Act 2009. This involved an examination of the process by which the agreement was negotiated and the fairness of its terms, particularly in relation to the classification of employees and their entitlements.

The Commission found that the agreement had been negotiated in good faith and that the terms were fair and reasonable. It held that the process followed adhered to the requirements set out in the Fair Work Act 2009. The Commission was satisfied that there was no unfair dismissal or coercion involved in the negotiation of the agreement. Consequently, the Fair Work Commission approved the Australian Vintage Limited - Merbein Workshop Enterprise Agreement 2018.

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