DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vintage Limited
(AG2016/6119)

AUSTRALIAN VINTAGE LIMITED MERBEIN PACKAGING WINERY, WAREHOUSE AND CLERICAL ENTERPRISE AGREEMENT 2016

Wine industry
COMMISSIONER GREGORY	MELBOURNE, 4 NOVEMBER 2016

Application for approval of the Australian Vintage Limited Merbein Packaging Winery, Warehouse and Clerical Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Vintage Limited Merbein Packaging Winery, Warehouse and Clerical 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 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Australian Vintage Limited involved a dispute over the approval of the Australian Vintage Limited Merbein Packaging Winery, Warehouse and Clerical Enterprise Agreement 2016. The Fair Work Commission (FWC) was tasked with considering the application for approval of this enterprise agreement. The primary parties involved were Australian Vintage Limited, as the employer, and the relevant unions representing the employees.

The key legal issues before the FWC were whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement complied with the "better off overall test" (BOOT), which mandates that employees should not be worse off overall under the agreement compared to their existing conditions. Additionally, the FWC examined if the agreement appropriately covered the relevant employees and if it included necessary provisions such as minimum rates of pay, maximum weekly hours, and other employment terms.

The FWC concluded that the proposed enterprise agreement was compliant with the statutory requirements. The Commission found that the agreement satisfied the BOOT by ensuring that employees would be better off overall in terms of pay and conditions. The FWC noted that the agreement provided for reasonable working conditions and adequate remuneration. It also found that the agreement was appropriately structured to cover the relevant employees and included necessary provisions as required by law.

As a result, the FWC approved the Australian Vintage Limited Merbein Packaging Winery, Warehouse and Clerical Enterprise Agreement 2016. The Commission issued its decision and order for the approval of the agreement, which became effective upon its registration with the Australian Industrial Registry.

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