Australian Vintage Limited

[2022] FWCA 1946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Vintage Limited

(AG2022/1748)

Australian Vintage Ltd - Buronga Hill Winery Maintenance Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 15 JUNE 2022

Application for approval of the Australian Vintage Ltd - Buronga Hill Winery Maintenance Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Australian Vintage Ltd - Buronga Hill Winery Maintenance Enterprise Agreement 2021 (Agreement). The application was made by Australian Vintage Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2022. The nominal expiry date of the Agreement is 30 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Vintage Limited (AVL) applied to the Fair Work Commission for approval of an enterprise agreement, the Australian Vintage Ltd - Buronga Hill Winery Maintenance Enterprise Agreement 2021 (Agreement), under the Fair Work Act 2009 (Cth). The Agreement, which covers employees at Buronga Hill Winery, was submitted for approval as a single enterprise agreement. The Australian Manufacturing Workers' Union (AMWU), as a bargaining representative, indicated its desire for the Agreement to cover its members. The Commission needed to determine whether the Agreement met the criteria for approval under the Fair Work Act 2009, specifically sections 185, 186, 187, and 188.

The Commissioner observed that certain provisions of the Agreement appeared to be inconsistent with the National Employment Standards (NES). However, the Commissioner was satisfied that clause 1.4 of the Agreement ensured that the more beneficial entitlements of the NES would prevail in cases of inconsistency. Additionally, the Commissioner found that all relevant requirements of the Act were met. The AMWU's notice under section 183 of the Act confirmed that the Agreement was desired by a bargaining representative. The Commissioner concluded that the Agreement covered the organisation as required by section 201(2) of the Act.

The Fair Work Commission approved the Agreement, which will operate from 22 June 2022, as per section 54 of the Act. The nominal expiry date of the Agreement is 30 November 2024. This decision signifies that the Agreement is now legally binding between AVL and the covered employees, with the more beneficial provisions of the NES ensuring minimum standards are met. The Commissioner's decision ensured compliance with the statutory requirements and the interests of both the employer and employees were balanced in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established