Australian Vintage Ltd

Case [2023] FWCA 1791
[2023] FWCA 1791

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Vintage Ltd

(AG2023/1771)

AUSTRALIAN VINTAGE LTD, COLDRIDGE VITICULTURE EMPLOYEE ENTERPRISE AGREEMENT 2023-2024

Wine industry

COMMISSIONER WILSON

MELBOURNE, 20 JUNE 2023

Application for approval of the Australian Vintage Ltd, Coldridge Viticulture Employee Enterprise Agreement 2023-2024

  1. An application has been made for approval of an enterprise agreement known as the Australian Vintage Ltd, Coldridge Viticulture Employee Enterprise Agreement 2023-2024 (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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2023. The nominal expiry date of the Agreement is 31 December 2024.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE520403  PR763339>

Details
AGLC
Australian Vintage Ltd [2023] FWCA 1791
Case
[2023] FWCA 1791
Decision Date

CaseChat Overview and Summary

Australian Vintage Limited brought an application to the Fair Work Commission for approval of an Enterprise Agreement under section 233 of the Fair Work Act 2009. The agreement sought to regulate the employment of employees in the viticulture division of the company, specifically those covered by the Coldridge Viticulture Employee Enterprise Agreement 2023-2024. The company argued that the proposed agreement was in the best interests of its employees and the business, as it aimed to enhance productivity and provide fair terms of employment.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement met the requirements of section 234 of the Fair Work Act, including whether it provided for the terms and conditions of employment, it was in the best interests of the employees and the employer, and it complied with the good faith bargaining requirements. The Commission needed to ensure that the agreement was not detrimental to the employees and that it was reached through genuine bargaining processes.

After considering the submissions from both parties, the Commission found that the proposed agreement was fair and reasonable. It provided for terms and conditions that were in the best interests of both the employees and the employer. The agreement addressed key areas such as wages, working hours, and other employment terms, ensuring that they were fair and balanced. The Commission was satisfied that the agreement was the result of good faith bargaining and did not contain any provisions that would be detrimental to the employees. Consequently, the Commission approved the Coldridge Viticulture Employee Enterprise Agreement 2023-2024.

The Commission issued an order approving the Coldridge Viticulture Employee Enterprise Agreement 2023-2024. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees from the date of approval. The Commission's decision provided clarity and legal certainty for both the company and its employees regarding their employment terms and conditions for the specified period.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.