DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eternity Rutherglen Pty Ltd T/A Rutherglen Estates
(AG2015/1460)

RUTHERGLEN ESTATES ENTERPRISE AGREEMENT 2015

Wine industry
COMMISSIONER LEWIN	MELBOURNE, 20 AUGUST 2015

Application for approval of the Rutherglen Estates Enterprise Agreement 2015.

[1] On 16 June 2015, Eternity Rutherglen Pty Ltd T/A Rutherglen Estates (Applicant) made an application for approval of the Rutherglen Estates Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the employee bargaining representatives have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 27 August 2015. The nominal expiry date of the Agreement is 20 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Eternity Rutherglen Pty Ltd, trading as Rutherglen Estates, applied for the approval of the Rutherglen Estates Enterprise Agreement 2015. The application was before the Fair Work Commission. The dispute centred around the procedural fairness and content of the enterprise agreement, specifically whether it complied with the relevant federal legislation and common law principles.

The legal issues before the Commission included whether the agreement had been made in good faith and whether the necessary procedural steps had been followed in its creation. The Commission also needed to determine if the agreement was consistent with the requirements set out in the Fair Work Act 2009. Additionally, the fairness and reasonableness of the agreement's terms were examined to ensure they met the standards expected under the law.

The Fair Work Commission concluded that the enterprise agreement was made in good faith and that all necessary procedural steps were adhered to. The Commission found that the agreement complied with the legislative framework and met the common law requirements for procedural fairness. It also determined that the terms of the agreement were fair and reasonable, thus meeting the statutory standards. As a result, the Commission approved the Rutherglen Estates Enterprise Agreement 2015.

Eternity Rutherglen Pty Ltd T/A Rutherglen Estates

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established