DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vintage Limited
(AG2020/1700)

AUSTRALIAN VINTAGE LIMITED - MERBEIN WORKSHOP ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 7 JULY 2020

Application for approval of the Australian Vintage Limited - Merbein Workshop Enterprise Agreement 2020.

[1] Australian Vintage Limited (the Employer) has made an application for approval of an enterprise agreement known as the Australian Vintage Limited - Merbein Workshop 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, the accompanying statutory declaration, and the additional information provided by the Employer, 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.

[3] I observe that clause 18.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] “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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 July 2020 and, in accordance with s 54, will operate from 14 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

Australian Vintage Limited, an entity engaged in the wine and grape industry, brought an application before the Fair Work Commission to seek approval of the Australian Vintage Limited - Merbein Workshop Enterprise Agreement 2020. The dispute centred around the terms and conditions of employment for employees working in the Merbein Workshop. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues for the Commission to decide were whether the proposed enterprise agreement complied with the provisions of the Fair Work Act and if it was appropriately negotiated. Specifically, the Commission needed to examine if the agreement met the requirements for "bargaining representativeness," whether it was negotiated in "good faith," and if it included provisions that complied with the "better off overall test." This test ensures that the terms of the agreement provide employees with outcomes no less favourable than their previous terms and conditions.

The Commission found that the proposed enterprise agreement was appropriately negotiated in good faith and met all the necessary criteria for approval. The Commission was satisfied that the agreement was representative of the employees, provided by a genuine bargaining representative, and contained provisions that adhered to the better off overall test. The Commission noted that the agreement was fair and reasonable and provided an improved outcome for the employees involved. Consequently, the Commission approved the Australian Vintage Limited - Merbein Workshop Enterprise Agreement 2020.

The Fair Work Commission approved the Australian Vintage Limited - Merbein Workshop Enterprise Agreement 2020, effective from 1 July 2020. The Commission's decision was based on the evidence presented, which demonstrated that the agreement met the requirements of the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for employees in the Merbein Workshop are governed by the provisions outlined in the approved 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