Dorrien Estate Winery Pty Ltd T/A Dorrien Winemaking Summary

[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:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dorrien Estate Winery Pty Ltd, trading as Dorrien Winemaking, applied to the Fair Work Commission for approval of their Enterprise Agreement. The applicants sought to have the agreement, which they had negotiated with the Australian Workers' Union, recognised as a registered agreement under the Fair Work Act 2009. The application was made after the union had certified the agreement as a genuine enterprise agreement, a prerequisite for registration. The dispute centred around whether the agreement complied with the requirements of the Act, particularly in relation to the terms and conditions of employment for the workers represented by the union.

The legal issues before the Commission included whether the agreement had been genuinely negotiated and whether it contained the minimum terms and conditions as mandated by the Fair Work Act. The Commission had to determine if the agreement was in the best interests of the employees and if it met the requirements for a "genuine" agreement under the Act. Furthermore, the Commission needed to assess if the agreement was fair and reasonable, considering the implications for both the employees and the employer.

In making its decision, the Commission considered the evidence presented by both parties and the provisions of the Fair Work Act. It found that the agreement had been genuinely negotiated and contained all the required minimum terms and conditions. The Commission also determined that the agreement was in the best interests of the employees and was fair and reasonable. Consequently, the Commission approved the Enterprise Agreement, allowing it to be registered and enforceable under the Act. The decision recognised the agreement as a legally binding contract between the employer and the employees represented by the union.

Dorrien Estate Winery Pty Ltd T/A Dorrien Winemaking

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established