Dorrien Estate Winery Pty Ltd T/A Dorrien Winemaking

[2014] FWCA 7375

[2014] FWCA 7375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dorrien Estate Winery Pty Ltd T/A Dorrien Winemaking
(AG2014/9002)

THE DORRIEN ESTATE ENTERPRISE AGREEMENT 2014

Wine industry
COMMISSIONER LEWIN	MELBOURNE, 17 OCTOBER 2014

Application for approval of The Dorrien Estate Enterprise Agreement 2014.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as The Dorrien Estate Enterprise Agreement 2014 (the Agreement). The application has been made by Dorrien Estate Winery Pty Ltd T/A Dorrien Winemaking. The Agreement is a single-enterprise agreement.

[2] The application for approval of this Agreement was made by Patrick Manning of Dorrien Estate Winery Pty Ltd T/A Dorrien Winemaking Pty on 16 September 2014.

[3] The Agreement was listed for e-hearing, in chambers before me at 2:00pm on Friday, 17 October 2014. All parties to the Agreement, including the employee bargaining representative, were notified of the e-hearing.

[4] Clause 13 — Consultation Regarding Major Workplace Change does not meet the requirements of s.205(1) and (1A) of the Act and r.2.09 and Schedule 2.3 of the Fair Work Regulations 2009 in relation to the mandatory content that must be included in a consultation term of an enterprise agreement. Accordingly, pursuant to s.205(2) of the Act, the model consultation term, as attached to this decision as Attachment A, is taken to be a term of the Agreement.

[5] I note, to avoid confusion, that the purported undertaking at the end of the Agreement forms part of the Agreement by virtue of having been part of the Agreement at the time the Agreement was made, and is fully incorporated into the Agreement by virtue of the assent of the employees voting on and agreeing to the Agreement, and is not an undertaking by virtue of the process under s 190 of the Act.

[6] 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.

[7] United Voice has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement is approved and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Attachment A:

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