DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brown Brothers Milawa Vineyard Pty Ltd T/A Brown Brothers
(AG2018/443)

BROWN BROTHERS MILAWA VINEYARD AGREEMENT 2018

Wine industry
COMMISSIONER MCKINNON	MELBOURNE, 7 JUNE 2018

Application for approval of the Brown Brothers Milawa Vineyard Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Brown Brothers Milawa Vineyard 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 Brown Brothers Milawa Vineyard Pty Ltd T/A Brown Brothers. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2018. The nominal expiry date of the Agreement is 20 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brown Brothers Milawa Vineyard Pty Ltd, trading as Brown Brothers, applied to the Federal Circuit Court for the approval of the Brown Brothers Milawa Vineyard Agreement 2018, which was made under the Fair Work Act 2009. The application involved the approval of an enterprise agreement between the company and its employees. The applicants sought to have the agreement certified as covering all of its employees, with specific provisions regarding the classification, rates of pay, and conditions of employment for various positions within the company.

The court was required to determine whether the agreement complied with the requirements of the Fair Work Act. Key issues included whether the agreement had been made in good faith, if it contained the necessary minimum entitlements, and whether it had been appropriately certified by the Australian Building and Construction Commission. The court also needed to ensure that the agreement did not discriminate against employees and that it was fair and reasonable in all its terms.

The court found that the agreement met the statutory requirements for approval. It was made in good faith, provided for the minimum entitlements specified in the Act, and was appropriately certified. The court noted that the agreement was fair and reasonable, and did not discriminate against any group of employees. The decision to approve the agreement was based on the evidence presented and the legal standards set out in the Fair Work Act. The court confirmed that the agreement would cover all of the employees of Brown Brothers Milawa Vineyard.

The court approved the Brown Brothers Milawa Vineyard Agreement 2018, with effect from the date of the decision. The agreement was deemed to be a lawful and binding enterprise agreement, providing for the terms and conditions of employment for the employees of Brown Brothers Milawa Vineyard. The decision ensured that the agreement would operate as intended, providing a stable and fair framework for the relationship between the company and its employees.

Brown Brothers Milawa Vineyard Pty Ltd T/A Brown Brothers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established