DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Domaine Chandon Pty Ltd
(AG2019/5115)

GREEN POINT ROOM EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Hospitality industry
COMMISSIONER WILSON	MELBOURNE, 2 APRIL 2020

Application for approval of the Green Point Room Employees Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Green Point Room Employees Enterprise Agreement 2019-2022 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Domaine Chandon Pty Ltd, a company operating in the wine industry, sought approval for the Green Point Room Employees Enterprise Agreement 2019-2022. The application was made before the Fair Work Commission, which is tasked with approving and registering enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act, particularly in relation to the protection of employees' rights and interests.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act. The primary concern was whether the agreement complied with the "better off overall test," which requires that employees be no worse off financially and, in some cases, better off overall compared to the applicable award or safety net. The Commission also needed to determine if the agreement appropriately balanced the interests of employees and employers, ensuring it did not unduly harm any party.

In reaching its decision, the Commission thoroughly examined the terms of the agreement, taking into account submissions from both Domaine Chandon Pty Ltd and the employees' representatives. The Commission found that the agreement met the better off overall test, as it provided for a fair balance between the interests of the employees and the company. The terms of the agreement were considered reasonable, taking into account the specific circumstances of the workplace and the needs of the employees. Consequently, the Commission approved the Green Point Room Employees Enterprise Agreement 2019-2022, determining that it met the necessary legal requirements.

The Fair Work Commission approved the Green Point Room Employees Enterprise Agreement 2019-2022, which will now be registered and enforceable under the Fair Work Act. The approval signifies that the agreement satisfactorily balances the interests of the employees and the employer, and it complies with the statutory requirements set out in the Act.

Domaine Chandon 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