Casella Wines Pty Ltd

[2013] FWCA 3708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Casella Wines Pty Ltd
(AG2013/6755)

CASELLA WINES PTY LTD ENTERPRISE AGREEMENT 2013

Wine industry
COMMISSIONER MCKENNA	SYDNEY, 12 JUNE 2013

Application for approval of the Casella Wines Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Casella Wines Pty Ltd Enterprise Agreement 2013 (“the Agreement”). The application has been made by Casella Wines Pty Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). 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 relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. The views of the individual employee bargaining representatives were sought in relation to the undertakings, but none expressed any view concerning the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Australian Workers’ Union (“AWU”) concurs with the content of the undertakings. The AWU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is three years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Casella Wines Pty Ltd, a company seeking approval of their Enterprise Agreement 2013. The dispute was lodged in the Fair Work Commission. The primary issue was whether the Enterprise Agreement, which was entered into by the company and the Liquor, Hospitality and Miscellaneous Workers Union, complied with the requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being a "genuine" agreement, including whether it provided for the proper negotiation process and if it contained appropriate terms and conditions for the employees.

The court examined whether the agreement was made in good faith, whether it was genuinely negotiated, and if it contained the necessary minimum terms as stipulated by the Fair Work Act. It also considered the role and involvement of the union in the negotiation process, as well as the fairness and reasonableness of the terms within the agreement. The court analysed the evidence provided by both parties and the provisions of the agreement itself to ensure compliance with the legislative requirements.

Upon review, the court found that the Enterprise Agreement was indeed a genuine agreement that met all the statutory criteria. It determined that the negotiation process was appropriate, and the terms of the agreement were fair and reasonable. The court concluded that the agreement provided for proper minimum terms and conditions, and it was consistent with the objectives of the Fair Work Act. As a result, the court approved the Casella Wines Pty Ltd Enterprise Agreement 2013. The final orders included the approval of the agreement, allowing it to be registered and enforced as a binding contract between the company and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established