Australian Vintage Ltd

[2023] FWCA 872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Australian Vintage Ltd

(AG2023/124)

AUSTRALIAN VINTAGE LTD – BURONGA HILL WINERY ENTERPRISE AGREEMENT 2022

Wine industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 MARCH 2023

Application for variation of the Australian Vintage Ltd – Buronga Hill Winery Enterprise Agreement 2022

An application has been made for approval of a variation to the Australian Vintage Ltd – Buronga Hill Winery Enterprise Agreement 2022 (the Agreement). The application was made by Australian Vintage Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 7 July 2022. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 28 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Australian Vintage Ltd, sought to vary the Australian Vintage Ltd – Buronga Hill Winery Enterprise Agreement 2022 to reduce the working hours of employees at Buronga Hill Winery, a winery located in South Australia. The Fair Work Commission was required to determine whether the proposed variation was procedurally and substantively valid.

The key legal issues before the Commission were whether the applicant had followed the correct procedures in seeking the variation, whether the variation was in the best interests of the employees, and whether the variation was procedurally and substantively fair. The Commission noted that the applicant had followed the correct procedures in seeking the variation, including providing the relevant employees with the necessary information and consulting with them. The Commission also considered whether the variation was in the best interests of the employees and whether it was procedurally and substantively fair. The Commission found that the variation was in the best interests of the employees and was procedurally and substantively fair.

The Commission found that the variation was in the best interests of the employees as it would provide them with more flexibility in their working hours, which would assist them in balancing their work and personal commitments. The Commission also found that the variation was procedurally and substantively fair as the applicant had followed the correct procedures in seeking the variation, had consulted with the relevant employees, and had provided them with the necessary information. The Commission noted that the variation was not likely to have a significant impact on the employees' terms and conditions of employment and would not undermine the purpose of the Enterprise Agreement.

The Commission varied the Australian Vintage Ltd – Buronga Hill Winery Enterprise Agreement 2022 to reduce the working hours of employees at Buronga Hill Winery. The variation was effective from 1 July 2023 and applied to all employees who were party to the Enterprise Agreement. The variation allowed for a reduction in the working hours of employees from 38 hours per week to 36 hours per week, subject to certain conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established