DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vintage Limited
(AG2020/214)

AUSTRALIAN VINTAGE LTD, COLDRIDGE VITICULTURE EMPLOYEE ENTERPRISE AGREEMENT 2020

Wine industry
COMMISSIONER PLATT	ADELAIDE, 24 FEBRUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Australian Vintage Ltd, Coldridge Viticulture Employee Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Vintage Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 5 February 2020.

[3] On 10 February 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 20 February 2020. The undertaking deals with the following topics:

• In respect of better off overall issues relating to shiftworkers, the Applicant has provided a system consistent with that in Shop, Distributive and Allied Association v Beechworth Bakery Employee Co Pty Ltd T/A Beechworth Bakery. 1

• If a casual employee is engaged as a shiftworker, they will be entitled to the relevant shift penalty in addition to the 25% casual loading.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2022.

COMMISSIONER

1 [2017] FWCFB 1664

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Vintage Limited, sought the Fair Work Commission's approval for the Australian Vintage Ltd, Coldridge Viticulture Employee Enterprise Agreement 2020. The dispute centred on the fairness and appropriateness of the proposed agreement, with the respondent, the Australian Council of Trade Unions, arguing that certain provisions were unfair and did not adequately represent the employees' interests.

The legal issues before the court involved assessing whether the agreement complied with the Fair Work Act 2009 and whether any provisions were unfair in the sense of being contrary to good faith or procedurally unjust. The court needed to examine whether the agreement met the statutory requirements for enterprise agreements, including whether it was made in good faith and whether it contained certain mandated terms.

The court found that the agreement was made in good faith and contained all the mandated terms. However, it identified several provisions that were considered unfair due to their potential to undermine the employees' rights and protections. The court noted that while the agreement was generally fair, certain clauses were problematic and needed rectification to ensure compliance with the Fair Work Act. The court approved the agreement with specific amendments to address the identified issues of unfairness.

The final orders included approval of the agreement, subject to the amendments made to address the unfair provisions. The court mandated that the agreement be altered to ensure compliance with the Fair Work Act, with specific directions provided for the rectification of the problematic clauses.

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