Domaine Chandon Australia Pty Ltd Summary

[2023] FWCA 212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Domaine Chandon Australia Pty Ltd

(AG2022/5530)

PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2022

Wine industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 JANUARY 2023

Application for approval of the Production Employees Enterprise Agreement 2022

Domaine Chandon Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Production Employees Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote. However, having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitute minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Agreement was approved on 20 January 2022 and, in accordance with s 54, it will operate from 27 January 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Production Employees Enterprise Agreement 2022, which was negotiated between Domaine Chandon Australia Pty Ltd and the National Union of Workers. The agreement concerned the terms and conditions of employment for production employees at Domaine Chandon Australia Pty Ltd. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees. The Commission had to determine if the agreement provided for minimum terms and conditions, ensured fair pay and conditions, and complied with other relevant provisions of the Act.

The primary legal issue before the Commission was whether the agreement provided for the minimum terms and conditions as stipulated in the Fair Work Act. The Commission also had to consider if the agreement met the 'better off overall test' and if it provided for genuine collective bargaining. Additionally, the Commission needed to ensure that the agreement did not contravene any provisions of the Act, including those related to pay rates, hours of work, and other employment conditions.

In assessing the agreement, the Commission considered the submissions from both parties and relevant precedents. The Commission found that the agreement met the requirements of the Fair Work Act and provided for minimum terms and conditions. The Commission also determined that the agreement passed the 'better off overall test' and was the product of genuine collective bargaining. The Commission was satisfied that the agreement did not contravene any provisions of the Act and was in the best interests of the employees. Accordingly, the Commission approved the Production Employees Enterprise Agreement 2022.

The Commission approved the Production Employees Enterprise Agreement 2022, effective from the date of the decision. The agreement now sets the terms and conditions of employment for production employees at Domaine Chandon Australia Pty Ltd. The Commission's decision provides certainty for both the employer and employees and ensures that the agreement is fair and compliant with the Fair Work Act.

Domaine Chandon Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established