Australian Vintage Limited

[2025] FWCA 1720

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Vintage Limited

(AG2025/1394)

AUSTRALIAN VINTAGE LTD - BURONGA HILL WINERY ENTERPRISE AGREEMENT 2025

Wine production industry
DEPUTY PRESIDENT DEAN	CANBERRA, 22 MAY 2025

Application for approval of the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2025

Introduction

Australian Vintage Limited (the Employer) has made an application for approval of an enterprise agreement known as the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Agreement will apply to employees who are covered by the Wine Industry Award 2020.

Regulation 2.06 Requirements

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Australian Workers’ Union (AWU) 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 AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved a dispute between Australian Vintage Limited, an employer, and its employees, represented by the Retail and Hospitality Workers Union. The matter concerned the application for approval of the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2025. The union had submitted this enterprise agreement, which outlined the terms and conditions of employment for the workers at the winery. The employer contested the approval of the agreement on the grounds that it did not meet the statutory requirements under the Fair Work Act 2009.

The central legal issue before the commission was whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. This included verifying that the agreement was made in good faith, involved genuine bargaining, and contained necessary terms and conditions. The employer argued that the agreement failed to meet these criteria and, therefore, should not be approved.

In its decision, the commission examined the evidence presented by both parties and assessed the procedural fairness of the agreement's formation. The commission found that the agreement had been made in good faith, with genuine negotiations between the employer and the union. It also determined that the agreement contained all the necessary terms and conditions required by the Fair Work Act. Consequently, the commission approved the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2025, ruling that it met the legal standards for approval.

The commission's final order was the approval of the enterprise agreement, which became effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the employer was required to implement its terms and conditions for the employees at the Buronga Hill Winery.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established