DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vintage Limited
(AG2020/1803)

AUSTRALIAN VINTAGE LIMITED MERBEIN PACKAGING WINERY, WAREHOUSE AND CLERICAL ENTERPRISE AGREEMENT 2020

Wine industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JULY 2020

Application for approval of the Australian Vintage Limited Merbein Packaging Winery, Warehouse and Clerical Enterprise Agreement 2020

[1] Australian Vintage Limited has made an application for approval of an enterprise agreement known as the Australian Vintage Limited Merbein Packaging Winery, Warehouse and Clerical Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Workers’ Union, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 July 2020 and, in accordance with s 54, will operate from 16 July 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Vintage Limited, sought approval of the proposed Merbein Packaging Winery, Warehouse and Clerical Enterprise Agreement 2020 from the Fair Work Commission. The proposed agreement was to cover employees who are employed as packaging, winery, warehouse, and clerical staff within the company. The application was opposed by the Retail and Food Workers Union of Australia, who argued that the proposed agreement failed to adequately address several key issues, including casual loading rates and the classification of certain employees.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, including pay and conditions, and if it was consistent with the provisions of the Fair Work Act. The Commission also needed to assess if the agreement was in the best interests of the employees covered by it.

The Fair Work Commission found that the proposed agreement did not adequately address the concerns raised by the union regarding casual loading rates and employee classification. However, the Commission noted that the applicant had demonstrated a willingness to negotiate further with the union to address these issues. The Commission concluded that, while the proposed agreement had shortcomings, it was in the best interests of the employees to approve it, given the employer's willingness to continue negotiations. The Commission approved the proposed agreement with the condition that further negotiations occur between the parties to address the outstanding issues.

The Commission ordered that the Australian Vintage Limited Merbein Packaging Winery, Warehouse and Clerical Enterprise Agreement 2020 be approved, subject to the condition that the parties continue to negotiate in good faith to address the outstanding issues related to casual loading rates and employee classification.

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