DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vintage Limited
(AG2016/6166)

AUSTRALIAN VINTAGE LTD - BURONGA HILL WINERY ENTERPRISE AGREEMENT 2016

Wine industry
COMMISSIONER GREGORY	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Vintage Ltd – Buronga Hill Winery Enterprise Agreement 2016 (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] 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Australian Vintage Limited, an applicant seeking approval of the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2016. The Fair Work Commission was the court tasked with considering the application. The dispute centred around whether the agreement met the requirements under the Fair Work Act 2009 to be approved as a single-employer enterprise agreement.

The key legal issues before the Commission were whether the agreement provided for the proper operation of the business, whether it contained terms that were contrary to the public interest, and whether the agreement was certified as a genuine agreement by an independent person. Additionally, the Commission had to consider the application of section 231 of the Fair Work Act, which deals with the approval of new enterprise agreements.

The Fair Work Commission determined that the agreement did provide for the proper operation of the business, contained no terms contrary to the public interest, and was certified as a genuine agreement. The Commission found that the applicant had fulfilled its obligations under section 231 of the Act. The Commission was satisfied that the agreement met the necessary criteria for approval, including the provision of fair and reasonable terms and conditions for the employees.

Consequently, the Fair Work Commission approved the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2016. The decision was made on the basis that the agreement was fair, reasonable, and met the legislative requirements for approval. The Commission's approval ensured that the agreement would govern the terms and conditions of employment for the relevant employees, providing them with a legally binding framework for their work at the Buronga Hill Winery.

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