DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vintage Limited
(AG2020/1801)

AUSTRALIAN VINTAGE LTD, QUALCO VITICULTURE EMPLOYEE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JULY 2020

Application for approval of the Australian Vintage Ltd, Qualco Viticulture Employee Enterprise Agreement 2020

[1] Australian Vintage Limited has made an application for approval of an enterprise agreement known as the Australian Vintage Ltd, Qualco Viticulture Employee 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 United 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 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Australian Vintage Limited, sought approval for the Australian Vintage Ltd, Qualco Viticulture Employee Enterprise Agreement 2020. The respondent, the Australian Council of Trade Unions, objected to the agreement on several grounds. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, particularly those concerning wages, hours of work, and dispute resolution mechanisms.

The legal issues before the court involved whether the proposed enterprise agreement complied with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the requirements for registration, including whether it provided for minimum rates of pay, reasonable hours of work, and appropriate dispute resolution processes. Additionally, the court examined whether the agreement had been negotiated in good faith and if it included appropriate safeguards for employees.

The court, after thorough examination, found that the proposed agreement substantially complied with the requirements of the Fair Work Act. It noted that the agreement provided for fair and reasonable terms and conditions, including minimum wages and a dispute resolution process that was deemed appropriate. The court also concluded that the agreement had been negotiated in good faith and included adequate safeguards for employees. Consequently, the court approved the Australian Vintage Ltd, Qualco Viticulture Employee Enterprise Agreement 2020.

In light of the approval, the court made orders that the agreement be registered and that it would have effect from the date of the decision. The agreement was to apply to employees of Australian Vintage Ltd who were members of the relevant union, as defined in the agreement.

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