DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vintage Limited
(AG2016/6245)

AUSTRALIAN VINTAGE LTD, COLDRIDGE VITICULTURE EMPLOYEE ENTERPRISE AGREEMENT 2016

Wine industry
COMMISSIONER GREGORY	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the Australian Vintage Ltd, Coldridge Viticulture Employee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Vintage Ltd, Coldridge Viticulture Employee 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] The Applicant 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Vintage Limited brought an application to the Fair Work Commission to approve the Australian Vintage Ltd, Coldridge Viticulture Employee Enterprise Agreement 2016. The dispute centred on whether the enterprise agreement, which aimed to govern the terms and conditions of employment for viticulture employees at the Coldridge vineyard, complied with the requirements of the Fair Work Act 2009.

The key legal issues were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, and if it had been negotiated fairly in accordance with the Act. The applicant argued that the agreement was comprehensive and had been negotiated in good faith, while there was no contention that the agreement contained the necessary minimum terms. The central concern was whether the bargaining process adhered to the statutory requirements for fair negotiation.

The Commission found that the agreement included all necessary mandatory terms and was comprehensive in nature. It also concluded that the negotiation process had been fair, as the employer had engaged in genuine discussions and negotiations with the union representatives. The Commission emphasised the importance of the employer's commitment to providing comprehensive information and engaging in meaningful dialogue during the negotiation process. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Australian Vintage Ltd, Coldridge Viticulture Employee Enterprise Agreement 2016, finding that it complied with all statutory requirements and was negotiated fairly.

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