Australian Vintage Limited

[2014] FWCA 6156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vintage Limited
(AG2014/7263)

THE AUSTRALIAN VINTAGE LIMITED COLDRIDGE VITICULTURE ENTERPRISE AGREEMENT 2014

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 5 SEPTEMBER 2014

Application for approval of the Australian Vintage Limited Coldridge Viticulture Enterprise Agreement 2014.

[1] An application for approval of an enterprise agreement known as the Australian Vintage Limited Coldridge Viticulture Enterprise Agreement 2014 (the Agreement) has been made by Australian Vintage Limited (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 12 September 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Australian Vintage Limited sought approval of the Australian Vintage Limited Coldridge Viticulture Enterprise Agreement 2014. The dispute arose from the process of approving the enterprise agreement, with the union objecting to various aspects of the agreement. The commission was required to consider the objections and determine whether the agreement met the statutory criteria for approval.

The primary legal issue before the commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of the process by which it was negotiated and the fairness of its provisions. The union argued that the agreement failed to meet several statutory criteria, including that it had not been fairly negotiated and that it contained unfair provisions that did not meet the "better off overall test". The company, on the other hand, contended that the agreement was the product of a fair negotiation process and that it met all legal requirements.

After considering the evidence and arguments presented by both parties, the commission found that the agreement had been fairly negotiated and met all legal requirements for approval. The commission found that the company had engaged in good faith negotiations and that the agreement contained provisions that were no less favourable than the relevant award. The commission also found that the agreement met the "better off overall test" and that it did not contain any unfair provisions. Accordingly, the commission approved the enterprise agreement.

The final order of the commission was that the Australian Vintage Limited Coldridge Viticulture Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The union's objections were dismissed, and the agreement was registered, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established