DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vintage Ltd
(AG2018/6333)

AUSTRALIAN VINTAGE LTD – NEPENTHE VITICULTURE ENTERPRISE AGREEMENT 2018

Wine industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MARCH 2019

Application for approval of the Australian Vintage Ltd - Nepenthe Viticulture Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Vintage Ltd - Nepenthe Viticulture Enterprise Agreement 2018 (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 Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 March 2019 and, in accordance with s.54, will operate from 2 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Vintage Limited applied to the Fair Work Commission for the approval of the Australian Vintage Ltd - Nepenthe Viticulture Enterprise Agreement 2018. The application was opposed by the Australian Council of Trade Unions and the Liquor, Hospitality and Miscellaneous Workers Union. The dispute concerned the terms and conditions of employment for viticulture workers in the Nepenthe vineyard, which is part of Australian Vintage Limited's operations.

The legal issues the court had to address included whether the agreement met the requirements of the Fair Work Act 2009, particularly sections 231 and 232. These sections require that enterprise agreements cover specific 'protected action' terms and conditions, and that the agreement is made in good faith and without coercion. The opposition argued that the agreement did not adequately cover these protected terms and that the process leading to the agreement was flawed.

The Fair Work Commission found that the Australian Vintage Ltd - Nepenthe Viticulture Enterprise Agreement 2018 met the legal requirements for approval. The Commission considered the process of negotiation and the content of the agreement, concluding that it complied with the provisions of the Fair Work Act 2009. The Commission also dismissed the claims of procedural unfairness, finding that the negotiation process was conducted in good faith and without coercion.

The Commission approved the Australian Vintage Ltd - Nepenthe Viticulture Enterprise Agreement 2018, effective from the date of the decision. This decision confirms the validity of the agreement and its terms for the employees involved.

Australian Vintage Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established