Australian Vintage Limited T/A Australian Vintage Limited

[2023] FWCA 287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Vintage Limited T/A Australian Vintage Limited

(AG2022/5599)

AUSTRALIAN VINTAGE LTD QUALCO VITICULTURE EMPLOYEE ENTERPRISE AGREEMENT 2023

Wine industry
COMMISSIONER P RYAN	SYDNEY, 30 JANUARY 2023

Application for approval of the Australian Vintage Ltd Qualco Viticulture Employee Enterprise Agreement 2023

Australian Vintage Limited (Employer) has made an application for approval of an enterprise agreement known as the Australian Vintage Ltd Qualco Viticulture Employee Enterprise Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

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 have been met.

National Employment Standards

I observe that clauses 17.2 and 28.7 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 7 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.

Section 183 Bargaining Representatives

The United Workers’ Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 6 February 2023. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved a dispute between Australian Vintage Limited, trading as Australian Vintage Limited, and its employees, represented by the Australian Workers Union. The dispute centred on the application for the approval of the Australian Vintage Ltd Qualco Viticulture Employee Enterprise Agreement 2023. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The primary concern was whether the agreement appropriately balanced the interests of the employees and the employer, particularly in terms of wages, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement complied with the formal requirements of the Fair Work Act, such as being in writing and signed by authorised representatives. Additionally, the Commission had to consider whether the agreement met the "better off overall test" (BOOT), ensuring that it provided employees with at least the same terms and conditions as those they would have under the applicable award or safety net. The Commission also needed to assess whether the agreement adequately covered essential matters and did not include any terms that were contrary to public policy or contrary to the spirit of the Act.

The Commission found that the agreement met all the necessary formal requirements and was appropriately signed by authorised representatives. It was also determined that the agreement satisfied the BOOT by providing employees with terms and conditions that were at least as favourable as those provided under the relevant award. The Commission noted that the agreement included provisions that covered all essential matters and did not contain any terms that were contrary to public policy or the spirit of the Act. Given these findings, the Commission approved the agreement, recognising it as a valid and effective enterprise agreement.

The final orders of the Commission included the approval of the Australian Vintage Ltd Qualco Viticulture Employee Enterprise Agreement 2023. The agreement was approved in its entirety and is to be treated as a lawful and binding enterprise agreement from the date of the decision. The parties were directed to take all necessary steps to implement the agreement and ensure compliance with its terms. The decision was made on the basis that the agreement met all legal requirements and appropriately balanced the interests of both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established