De Bortoli Wines Summary

[2013] FWCA 8899

FAIR WORK COMMISSION

DECISION

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

De Bortoli Wines
(AG2013/11207)

DE BORTOLI WINES PTY LTD, WINE PRODUCTION, VINTAGE OPERATIONS, QUALITY ASSURANCE AND FINISHED WINE HANDLING (BILBUL) ENTERPRISE AGREEMENT 2013 -2017

Wine industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 12 NOVEMBER 2013

Application for approval of the De Bortoli Wines Pty Ltd, Wine Production, Vintage Operations, Quality Assurance and Finished Wine Handling (Bilbul) Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the De Bortoli Wines Pty Ltd, Wine Production, Vintage Operations, Quality Assurance and Finished Wine Handling (Bilbul) Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Australian Workers’ Union (AWU), being bargaining a representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 18 November 2013. The nominal expiry date of the Agreement is 17 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Fair Work Commission, acting on behalf of the employees of De Bortoli Wines Pty Ltd, and De Bortoli Wines Pty Ltd. The dispute revolved around the approval of the De Bortoli Wines Pty Ltd, Wine Production, Vintage Operations, Quality Assurance and Finished Wine Handling (Bilbul) Enterprise Agreement 2013-2017. This matter was heard by the Fair Work Commission in Australia. The Commission was required to determine whether the proposed enterprise agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, specifically whether it met the requirements for "better off overall test" (BOOT) and the "good faith" requirement. Additionally, the Commission needed to consider whether the agreement was made in accordance with the provisions of the Act and whether it complied with the Fair Work (Registered Organisations) Act 2009. The Commission also had to ensure that the agreement did not discriminate against any group of employees or contain any clauses that would be detrimental to the employees' welfare.

The Fair Work Commission found that the proposed enterprise agreement met the necessary legal standards for approval. The Commission determined that the agreement satisfied the BOOT requirement, as it provided employees with improved terms and conditions of employment, including wage increases and improved working conditions. The Commission also found that the agreement was made in good faith, as both parties had engaged in genuine bargaining and negotiations. Furthermore, the Commission was satisfied that the agreement did not contain any discriminatory clauses and complied with all relevant provisions of the Fair Work Act 2009. As a result, the Fair Work Commission approved the De Bortoli Wines Pty Ltd, Wine Production, Vintage Operations, Quality Assurance and Finished Wine Handling (Bilbul) Enterprise Agreement 2013-2017.

The Fair Work Commission approved the proposed enterprise agreement, ensuring that it met all necessary legal standards and provided employees with improved terms and conditions of employment. This decision highlights the importance of ensuring that enterprise agreements comply with the Fair Work Act 2009 and that both parties engage in genuine bargaining and negotiations to achieve fair and equitable outcomes for all employees involved.

De Bortoli Wines

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established