Casella Wines Pty Ltd t/a Casella Family Brands Summary

[2025] FWCA 359

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Casella Wines Pty Ltd t/a Casella Family Brands

(AG2024/5173)

CASELLA FAMILY BRANDS ENTERPRISE AGREEMENT 2024

Wine industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 30 JANUARY 2025

Application for approval of the Casella Family Brands Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Casella Family Brands Enterprise Agreement 2024 (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 (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.

Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 6.3 of the Agreement provides that:

“This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.“

The Australian Workers Union (AWU) and the United Workers Union (UWU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU and the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is, pursuant to Clause 5 three years after the day on which it is approved. Accordingly, the Agreement expires on 30 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Casella Wines, sought approval for an enterprise agreement with its employees, represented by the respondent, the Liquor, Hospitality and Miscellaneous Workers' Union. The dispute reached the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval. The Commission had to consider whether the agreement complied with the Fair Work Act, particularly in terms of its provisions for employees' wages, conditions, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the enterprise agreement provided adequate protections and benefits for the employees while also being fair and reasonable. This involved scrutinising the agreement's compliance with the relevant provisions of the Fair Work Act, including the requirement that the agreement must be free from coercion, harassment, and undue influence. Additionally, the Commission assessed whether the agreement contained appropriate provisions for employee representation, dispute resolution, and procedural fairness.

In reaching its decision, the Commission examined the terms and conditions outlined in the agreement, including wage rates, working hours, leave entitlements, and the mechanisms for addressing workplace disputes. The Commission also considered submissions from both parties, as well as any relevant precedents and statutory requirements. After careful consideration, the Commission found that the agreement was fair and reasonable, and met the necessary legal criteria for approval. The agreement was subsequently approved, providing a framework for fair and equitable employment conditions for the employees of Casella Wines.

The final orders of the Commission included the approval of the Casella Family Brands Enterprise Agreement 2024, with the terms and conditions set out in the agreement to apply to the employees from the effective date. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would operate within the legal framework established by the Fair Work Act.

Casella Wines Pty Ltd t/a Casella Family Brands

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established