DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Domaine Chandon Australia Pty. Ltd
(AG2018/1022)

PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2018 - 2020

Wine industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 JULY 2018

Application for approval of the Production Employees Enterprise Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Production Employees Enterprise Agreement 2018 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Domaine Chandon Australia Pty. Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Domaine Chandon Australia Pty. Ltd, a company operating within the wine industry, and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the application for the approval of the Production Employees Enterprise Agreement 2018-2020, which sought to regulate the terms and conditions of employment for production employees at the company. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues that arose in this case included whether the agreement complied with the provisions of the Fair Work Act, specifically in terms of ensuring that the agreement provided for the employees' terms and conditions of employment in a manner that was fair and appropriate. Key considerations included whether the agreement met the genuine bargain requirement, whether it was in writing, and whether it contained the necessary minimum terms and conditions. The Commission also had to consider whether the agreement provided for proper dispute resolution mechanisms and whether the agreement was consistent with the principles of the Australian industrial relations system.

The Fair Work Commission found that the Production Employees Enterprise Agreement 2018-2020 complied with the requirements of the Fair Work Act. The Commission determined that the agreement was a genuine bargain, was in writing, and contained the necessary minimum terms and conditions. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and was consistent with the principles of the Australian industrial relations system. As a result, the Commission approved the agreement, which will now regulate the terms and conditions of employment for production employees at Domaine Chandon Australia Pty. Ltd for the period 2018 to 2020.

Domaine Chandon Australia 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