DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Vintage Limited T/A Nepenthe Viticulture
(AG2015/4060)

AUSTRALIAN VINTAGE LTD - NEPENTHE VITICULTURE ENTERPRISE AGREEMENT 2015

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 28 JULY 2015

[1] An application for approval of an enterprise agreement known as the Australian Vintage Ltd – Nepenthe Viticulture Enterprise Agreement 2015 (the Agreement) has been made by Australian Vintage Limited (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

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

[3] United Voice, being a bargaining representative for the Agreement, has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers United Voice.

[4] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 4 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involves an application by Australian Vintage Limited for approval of the Australian Vintage Ltd – Nepenthe Viticulture Enterprise Agreement 2015. The Commission was tasked with determining whether the agreement should be approved under section 185 of the Fair Work Act 2009. The employer sought approval for the agreement, which was intended to cover employees within the single enterprise. The dispute centred on the terms and conditions outlined in the proposed agreement, including aspects such as pay rates, hours of work, leave entitlements, and other employment conditions.

The primary legal issues before the Commission included whether the agreement complied with the formal requirements of the Fair Work Act and whether it met the "better off overall test" (BOOT). This test ensures that employees are not worse off financially under the new agreement compared to their existing conditions. The Commission had to scrutinise the provisions of the agreement to ascertain if they adhered to the procedural and substantive requirements set out in the Act, particularly focusing on whether the agreement genuinely provided a net benefit to the employees.

In delivering its decision, the Commission found that the agreement satisfied the formal requirements of the Fair Work Act and successfully passed the better off overall test. The Commission was satisfied that the agreement provided employees with improved terms and conditions, including higher wages and better leave entitlements, compared to their previous conditions. The Commission concluded that the agreement was fair and reasonable, and therefore, approved the application for registration of the enterprise agreement.

The final orders of the Commission were that the Australian Vintage Ltd – Nepenthe Viticulture Enterprise Agreement 2015 be approved and registered under section 185 of the Fair Work Act 2009. The approved agreement would then become the governing document for the terms and conditions of employment for the relevant employees.

Australian Vintage Limited T/A Nepenthe Viticulture

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established