DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Vintage Limited
(AG2013/9819)

AUSTRALIAN VINTAGE LIMITED - BURONGA HILL WINERY ENTERPRISE AGREEMENT 2013

Wine industry
COMMISSIONER LEWIN	MELBOURNE, 1 NOVEMBER 2013

Application for approval of the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2013.

[1] An application has been made for approval of an Enterprise Agreement known as the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2013 (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 (Australian Vintage). The Agreement is a single Enterprise Agreement.

[2] The application for approval of this Agreement was filed by Mr Robert Brown, Senior HR Advisor at Australian Vintage, on 17 October 2013.

[3] The Applicant has provided written Undertakings. A copy of the Undertakings is attached in Annexure A. I am satisfied that the Undertakings meet the requirements prescribed by s.190 of the Act.

[4] Subject to the Undertakings referred to above, 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.

[5] I have sought the views of the The Australian Workers’ Union (AWU) in respect of the Undertakings, pursuant to s.190 (4) of the Act. No objection to the Undertakings has been received.

[6] The Agreement together with the Undertakings is approved and in accordance with s.54 of the Act will operate seven days from approval of the Agreement by the Commission. The nominal expiry date of the Agreement is 31 December 2017.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Vintage Limited was involved in a dispute with the Australian Manufacturing Workers' Union regarding the approval of the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, an independent statutory tribunal responsible for resolving workplace disputes. The application for approval of the enterprise agreement was contested by the union, raising concerns about the fairness and effectiveness of the agreement in representing the employees' interests.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement was genuinely a bargain between the employer and the majority of the employees, whether it was free from coercion, and whether it included minimum entitlements for employees. The Commission also had to consider whether the agreement contained appropriate dispute resolution mechanisms and if it was in the best interests of the employees.

The Fair Work Commission determined that the enterprise agreement did meet the necessary criteria for approval. The Commission found that the agreement was genuinely a bargain between the parties, as it was entered into without any coercion and included provisions that were beneficial to the employees. The agreement also contained appropriate dispute resolution mechanisms and was considered to be in the best interests of the employees. Consequently, the Commission approved the Australian Vintage Ltd - Buronga Hill Winery Enterprise Agreement 2013.

The Fair Work Commission's decision approved the enterprise agreement, allowing it to take effect. This outcome provided a framework for the workplace relationship between Australian Vintage Limited and the employees covered by the agreement, addressing the concerns raised by the union and ensuring compliance with the Fair Work Act 2009.

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