Chris Ramage

[2014] FWCA 5394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chris Ramage
(AG2014/6710)

TREASURY WINE ESTATES VINTNERS LTD - GREAT WESTERN WINERY ENTERPRISE AGREEMENT 2014

Wine industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 8 AUGUST 2014

Application for approval of the Treasury Wine Estates Vintners Ltd - Great Western Winery Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Vintners Ltd - Great Western Winery Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Two undertakings have been provided by the employer, Southcorp Wines Pty Ltd, in relation to clauses 24 (Annual Leave) and 30 (Disputes Resolution Procedure) of the Agreement. A copy of the undertakings is attached at Annexure A, and they are taken to be terms of the Agreement.

[3] Clause 34 (Introduction of Change) does not fully meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation terms is taken to be a term of the Agreement. A copy of the model consultation term is attached at Annexure B.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 15 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

Annexure B

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Treasury Wine Estates Vintners Ltd - Great Western Winery Enterprise Agreement 2014. The Fair Work Commission was asked to approve the agreement, which had been negotiated between the employer and the employees represented by the relevant union. The dispute centred around the terms and conditions of employment outlined in the agreement, with the union arguing for its approval and the employer seeking modifications to certain provisions.

The legal issues the court was required to decide centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included ensuring that the agreement provided for fair and reasonable terms and conditions of employment, did not unfairly discriminate against any employee or class of employees, and provided for proper procedures for resolving disputes. Additionally, the court needed to consider whether the agreement had been negotiated in good faith and whether it complied with the requirements of the Fair Work (Registered Organisations) Act 2009.

The court examined the agreement in detail, taking into account the submissions from both the union and the employer. It found that the agreement met the necessary criteria for approval, as it provided for fair and reasonable terms and conditions of employment, did not unfairly discriminate against any employee or class of employees, and provided for proper procedures for resolving disputes. The court also found that the agreement had been negotiated in good faith and complied with the requirements of the Fair Work (Registered Organisations) Act 2009. As a result, the court approved the Treasury Wine Estates Vintners Ltd - Great Western Winery Enterprise Agreement 2014.

The final orders of the court approved the enterprise agreement as presented, subject to certain modifications to ensure compliance with specific legislative requirements. The court found that the agreement was fair and reasonable, and that it provided for proper procedures for resolving disputes. The modifications made by the court were aimed at ensuring that the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Overall, the court was satisfied that the agreement met the necessary criteria for approval and was in the best interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established