Australian Vintage Limited Summary

[2013] FWCA 3928

FAIR WORK COMMISSION

DECISION

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

Australian Vintage Limited
(AG2013/1419)

AUSTRALIAN VINTAGE LTD - NEPENTHE VITICULTURE ENTERPRISE AGREEMENT 2012

Wine industry
COMMISSIONER HAMPTON	ADELAIDE, 19 JUNE 2013

Application for approval of the Australian Vintage Ltd - Nepenthe Viticulture Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Australian Vintage Ltd - Nepenthe Viticulture Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act as are relevant to this application for approval have been met.

[3] United Voice, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Vintage Limited applied to the Fair Work Commission for approval of the Australian Vintage Ltd - Nepenthe Viticulture Enterprise Agreement 2012. The applicants sought an order approving the agreement under section 232 of the Fair Work Act 2009. The Australian Council of Trade Unions and the Australian Manufacturing Workers Union opposed the application on the grounds that the agreement did not meet the requirements of section 231 of the Act.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Act, specifically whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the "better off overall test." The Commission needed to assess whether the proposed agreement provided employees with no less favourable terms and conditions than those provided under the relevant awards or safety nets.

The Commission found that the agreement met the requirements of the Act. It was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the better off overall test. The Commission noted that the agreement provided for a range of protections and benefits for employees, including minimum wage rates, leave entitlements, and provisions for redundancy and termination of employment. The Commission also found that the agreement provided for a dispute resolution process that was fair and efficient, and that it included provisions for the protection of employees' health and safety.

Accordingly, the Commission approved the Australian Vintage Ltd - Nepenthe Viticulture Enterprise Agreement 2012 under section 232 of the Act. The agreement is now registered and will apply to employees covered by the agreement. The parties are bound by the terms and conditions of the agreement, and any disputes arising under the agreement must be resolved in accordance with its provisions.

Australian Vintage Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established