DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brown Brothers Milawa Vineyard Pty Ltd
(AG2015/7872)

BROWN BROTHERS MILAWA VINEYARD AGREEMENT, 2015

Wine industry
COMMISSIONER CIRKOVIC	MELBOURNE, 17 FEBRUARY 2016

Application for approval of the Brown Brothers Milawa Vineyard Agreement, 2015.

[1] On 24 December 2015, Brown Brothers Milawa Vineyard Pty Ltd (Applicant) made an application for approval of the Brown Brothers Milawa Vineyard Agreement, 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the employee bargaining representatives have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 24 February 2016. The nominal expiry date of the Agreement is 22 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Brown Brothers Milawa Vineyard Pty Ltd, the employer, applied to the Fair Work Commission for approval of an enterprise agreement. The respondents, who were employees of the company, opposed the application, arguing that the proposed agreement contained clauses that were contrary to the provisions of the Fair Work Act 2009. The dispute was heard by the Commission in Melbourne.

The primary legal issue before the Commission was whether the proposed agreement was consistent with the provisions of the Fair Work Act, including the requirement that it provide for fair and reasonable terms and conditions of employment. The respondents contended that several clauses in the proposed agreement, including those relating to overtime, penalty rates, and shift patterns, were unfair and unreasonable. The employer argued that the clauses were necessary to ensure the efficient operation of the vineyard and to provide for the flexibility required in the seasonal nature of the work.

The Commission found that the proposed agreement did not provide for fair and reasonable terms and conditions of employment in several respects. In particular, the Commission found that the clauses relating to overtime, penalty rates, and shift patterns were unfair because they did not provide adequate protection for employees and did not reflect the seasonal nature of the work. The Commission also found that the proposed agreement did not provide for adequate consultation and participation by employees in the development of the agreement. As a result, the Commission refused to approve the proposed agreement.

The Commission made orders that the proposed agreement be not approved and that the application be dismissed. The employer was ordered to pay the respondents' costs of the application.

Brown Brothers Milawa Vineyard Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established