Australian Vintage Limited t/a Australian Vintage Limited

[2025] FWCA 338

[2025] FWCA 338

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

(AG2024/4881)

BURONGA HILL WINERY MAINTENANCE ENTERPRISE AGREEMENT 2025

Wine industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 29 JANUARY 2025

Application for Approval of the Buronga Hill Winery Maintenance Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Buronga Hill Winery Maintenance Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Vintage Limited (the Applicant). The Agreement is a single enterprise agreement.

1. Following the filing of the application, I raised a number of issues with the Applicant which were formally addressed through further written submissions. These included the two matters set out below.

Information about the voting process

1. Voting information was distributed by the Applicant on 21 November 2024 prior to the commencement of voting on 26 November 2024. I sought and received submissions as to whether in the circumstances, I could be satisfied that the Agreement had been genuinely agreed noting that employees appeared to have received the details of the time, place and method for the vote less than 7 full calendar days before the day the vote starts as referred to in paragraphs 16 of the Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

1. The Applicant confirmed that the employees and the Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union (AMWU), being a bargaining representative for employees covered by the Agreement, had been notified of the details of the vote on 13 November 2024 even though the voting information email was sent at a later date. I note also that the Agreement itself was provided to employees on 15 November 2024 and that all of the employees that would be covered by the Agreement participated in the voting process.

NES Inconsistency – deductions

1. An issue arises as to whether clause 5.5(b) of the Agreement purports to include NES entitlements in monies that may be withheld on termination. To the extent that such an arrangement may be inconsistent with the National Employment Standards (NES) I note the NES precedence clause 3.4(h) provides as follows:

“This Agreement incorporates and operates in conjunction with the NES in accordance with s 55 of the Act. Where this Agreement is more beneficial in a particular respect to an Employee, then this Agreement shall prevail to the extent of the inconsistency. Where the NES is more beneficial in a particular respect to an Employee, the NES shall prevail to the extent of the inconsistency. A term of this Agreement will be of no effect to the extent it is detrimental to an Employee in any respect compared to the NES.”

1. Having regard to the material filed in support of the application, I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met. 

1. The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 November 2027.

DEPUTY PRESIDENT

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