De Bortoli Wines Summary

[2014] FWCA 5664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

De Bortoli Wines
(AG2014/8620)

DE BORTOLI WINES PTY LTD, YARRA VALLEY AND KING VALLEY ENTERPRISE AGREEMENT 2014-2018

Wine industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 19 AUGUST 2014

Application for approval of the De Bortoli Wines Pty Ltd, Yarra Valley and King Valley Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the De Bortoli Wines Pty Ltd, Yarra Valley and King Valley Enterprise Agreement 2014-2018 (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 Agreement is approved and will operate from 26 August 2014. The nominal expiry date of the Agreement is 4 years from approval.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the De Bortoli Wines Pty Ltd, Yarra Valley and King Valley Enterprise Agreement 2014-2018 was heard by the Fair Work Commission. The applicant, De Bortoli Wines, sought approval of the enterprise agreement, which proposed changes to the terms and conditions of employment for its employees. The dispute arose due to objections raised by the Retail and Fast Food Workers Union of Victoria, which represented a portion of the workforce.

The central legal issues that the Fair Work Commission had to resolve were whether the enterprise agreement was genuinely negotiated, and whether it met the requirements for approval under the Fair Work Act 2009. The commission needed to determine if the agreement was made in good faith, whether it was properly negotiated, and if it provided fair and reasonable terms and conditions for the employees covered by the agreement.

In its decision, the Fair Work Commission found that the enterprise agreement was genuinely negotiated between the employer and the union. The commission noted that the agreement had been reached through a process of negotiation and consultation, and that the parties had made efforts to reach a consensus. The commission also determined that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the need for flexibility in the workplace and the specific circumstances of the industry. Based on these findings, the commission approved the enterprise agreement.

The Fair Work Commission ordered that the De Bortoli Wines Pty Ltd, Yarra Valley and King Valley Enterprise Agreement 2014-2018 be approved, subject to the conditions set out in the decision. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of registration. The decision also included provisions for the variation and termination of the agreement, as well as the process for resolving any disputes that may arise in relation to the agreement.

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