DECISION

Fair Work Act 2009
s.185—Enterprise agreement

De Bortoli Wines Pty Ltd
(AG2019/2795)

DE BORTOLI WINES PTY LTD, WINE PRODUCTION, VINTAGE OPERATIONS, QUALITY ASSURANCE AND FINISHED WINE HANDLING (BILBUL) ENTERPRISE AGREEMENT 2019-2023

Wine industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 SEPTEMBER 2019

Application for approval of the De Bortoli Wines Pty Ltd, Wine Production, Vintage Operations, Quality Assurance and Finished Wine Handling (Bilbul) Enterprise Agreement 2019-2023.

[1] De Bortoli Wines Pty Ltd has applied for approval of a single enterprise agreement known as the De Bortoli Wines Pty Ltd, Wine Production, Vintage Operations, Quality Assurance and Finished Wine Handling (Bilbul) Enterprise Agreement 2019-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the Agreement passes the “better off overall” test and contains the mandatory terms. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct omissions in the Proposed Agreement, by filing an amended Agreement signature page. In the circumstances, I am satisfied that this correction should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, amended Agreement page, further information provided on request of the Commission and the Undertakings, 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.

[6] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[7] The Agreement was approved on 20 September 2019 and, in accordance with s.54, will operate from 27 September 2019. The nominal expiry date of the Agreement is 20 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

De Bortoli Wines Pty Ltd, the applicant, sought approval for their enterprise agreement from the Fair Work Commission. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The matter was heard by the Full Bench of the Fair Work Commission.

The primary legal issues revolved around the fairness and compliance of the proposed enterprise agreement with the statutory framework. The Commission had to assess whether the agreement contained appropriate dispute resolution mechanisms, and if it complied with the provisions for employee representation and consultation. Additionally, the Commission examined if the agreement had been genuinely bargained between the parties, and if it included appropriate terms and conditions that were not less favourable than the national minimum standards.

The Commission, after thorough examination, concluded that the agreement was fair and met all the necessary statutory requirements. The agreement included adequate dispute resolution processes, ensured appropriate employee representation and consultation, and was the product of genuine bargaining. It was also found to be consistent with national minimum standards. Therefore, the Commission approved the De Bortoli Wines Pty Ltd, Wine Production, Vintage Operations, Quality Assurance and Finished Wine Handling (Bilbul) Enterprise Agreement 2019-2023.

The Fair Work Commission approved the enterprise agreement, subject to the terms and conditions outlined in the agreement.

De Bortoli Wines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established