DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brown Brothers Milawa Vineyard Pty Ltd T/A Brown Family Wine Group
(AG2020/3885)

BROWN BROTHERS MILAWA VINEYARD AGREEMENT 2020

Restaurants
COMMISSIONER WILLIAMS	PERTH, 29 JANUARY 2021

Application for approval of the Brown Brothers Milawa Vineyard Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Brown Brothers Milawa Vineyard Agreement 2020 (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 Family Wine Group. The Agreement is 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2021. The nominal expiry date of the Agreement is 20 November 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brown Brothers Milawa Vineyard Pty Ltd, trading as the Brown Family Wine Group, applied for the approval of an agreement with its employees as set out in the Brown Brothers Milawa Vineyard Agreement 2020. The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the criteria for approval, particularly in terms of its provisions regarding wages, conditions, and dispute resolution.

The Fair Work Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the best interests of the employees. The Commission assessed the provisions of the agreement against the statutory requirements and examined whether the agreement provided adequate protections and benefits for the employees, including provisions for wages, leave entitlements, and dispute resolution mechanisms. The Commission also considered whether the agreement would facilitate efficient and effective bargaining between the employer and employees.

After reviewing the agreement, the Fair Work Commission found that the Brown Brothers Milawa Vineyard Agreement 2020 provided for fair and reasonable terms and conditions of employment, and met the statutory criteria for approval. The Commission determined that the agreement offered adequate protections and benefits to the employees, including provisions for wages, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement would facilitate efficient and effective bargaining between the employer and employees, and approved the agreement under the Fair Work Act 2009.

The Fair Work Commission's decision to approve the Brown Brothers Milawa Vineyard Agreement 2020 sets a precedent for similar agreements in the wine industry, and provides a framework for fair and reasonable terms and conditions of employment for employees in the industry. The decision highlights the importance of providing adequate protections and benefits for employees, and the need for effective dispute resolution mechanisms in employment agreements.

Brown Brothers Milawa Vineyard Pty Ltd T/A Brown Family Wine Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established