Chris Ramage

[2014] FWCA 5394

[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

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