DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vintage Limited
(AG2016/2437)

AUSTRALIAN VINTAGE LTD - BURONGA HILL WINERY MAINTENANCE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 18 MARCH 2016

Application for approval of the Australian Vintage Ltd - Buronga Hill Winery Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Vintage Ltd - Buronga Hill Winery Maintenance Enterprise Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 18 March 2016 and, in accordance with s.54, will operate from 25 March 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Australian Vintage Limited involved a dispute regarding the approval of a proposed enterprise agreement. The applicant, Australian Vintage Limited, sought approval for the Australian Vintage Ltd - Buronga Hill Winery Maintenance Enterprise Agreement 2015. The dispute was heard in the Fair Work Commission. The primary legal issue before the court was whether the proposed agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement to be approved. Specifically, the court needed to determine if the agreement contained the necessary minimum terms and conditions as outlined in the Act, and if it had been negotiated in good faith.

The Fair Work Commission examined the provisions of the proposed agreement to ensure that it included all the minimum terms and conditions, such as those relating to wages, hours of work, and other employment conditions. The court also assessed if the agreement was the product of genuine bargaining between the parties and if there was evidence of negotiation in good faith. The Commission took into account submissions from both parties and any relevant stakeholder input. After careful consideration, the court found that the proposed agreement did indeed include all the necessary minimum terms and conditions and was the result of genuine negotiations. The court concluded that the agreement met the statutory requirements and was thus approved.

The Fair Work Commission ordered the approval of the Australian Vintage Ltd - Buronga Hill Winery Maintenance Enterprise Agreement 2015, effective from the date of the decision. This decision validated the agreement and allowed it to be implemented, ensuring that the terms and conditions outlined within it would govern the employment relationship between the parties involved.

Australian Vintage Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established