DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Casella Wines Pty Ltd T/A Casella Family Brands
(AG2016/7957)

CASELLA FAMILY BRANDS PTY LTD ENTERPRISE AGREEMENT 2016

Wine industry
COMMISSIONER CIRKOVIC	MELBOURNE, 17 MARCH 2017

Application for approval of the Casella Family Brands Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Casella Family Brands Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Casella Wines Pty Ltd T/A Casella Family Brands Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union, and United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 March 2017 and, in accordance with s.54, will operate from 24 March 2017. The nominal expiry date of the Agreement is 17 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Casella Wines Pty Ltd trading as Casella Family Brands, sought approval for its 2016 Enterprise Agreement from the Fair Work Commission. The applicant argued that the agreement contained appropriate provisions to ensure the continued competitiveness, efficiency, and productivity of the business. The dispute arose as some employees and unions contested the terms, arguing they were not in the best interests of the employees or the industry.

The key legal issues before the court were whether the provisions in the proposed agreement met the statutory requirements under the Fair Work Act 2009, and whether the agreement provided for the fair and reasonable terms and conditions for the employees. The court needed to determine if the agreement ensured genuine flexibility, if it contained adequate provisions for employee entitlements and protections, and if it allowed for the necessary operational efficiency and productivity of the business.

The Fair Work Commission assessed the proposed agreement against the legislative criteria, considering the need for a fair and balanced approach that supported both the interests of the employer and the employees. The court found that the agreement included provisions for fair and reasonable terms and conditions, and that it did not undermine the rights or entitlements of the employees. The agreement was also deemed to provide for genuine flexibility and operational efficiency while maintaining employee protections. The court concluded that the agreement met the statutory requirements and approved it, finding it to be in the best interests of both the employer and the employees.

Casella Wines Pty Ltd T/A Casella Family Brands

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established