Fearman Pty Ltd T/A Portavin Melbourne

[2013] FWCA 4761

FAIR WORK COMMISSION

DECISION

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

Fearman Pty Ltd T/A Portavin Melbourne
(AG2013/1741)

PORTAVIN MELBOURNE ENTERPRISE AGREEMENT 2013

Wine industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 16 JULY 2013

Application for approval of the Portavin Melbourne Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Portavin Melbourne Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Agreement is approved and will operate from 22 July 2013. The nominal expiry date of the Agreement is 30 April 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Fearman Pty Ltd, trading as Portavin Melbourne, the Fair Work Commission was asked to consider the approval of the Portavin Melbourne Enterprise Agreement 2013. The application was made by the employer, who sought to have the agreement recognised as meeting the requirements of the Fair Work Act 2009. The dispute centred on various terms and conditions of employment, including wages, hours of work, and other workplace arrangements.

The legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the process by which it was made, and whether it met the standards set for good faith bargaining and procedural fairness. Additionally, the Commission had to determine if the agreement contained terms and conditions that were fair and reasonable in all respects.

The Commission found that the agreement had been made in good faith and adhered to the procedural requirements outlined in the Act. It concluded that the process for reaching the agreement was appropriate and that the terms and conditions within the agreement were fair and reasonable. The Commission was satisfied that the employer and the relevant employee representatives had engaged in genuine negotiations and that the agreement reflected the outcomes of those discussions. As a result, the Commission approved the Portavin Melbourne Enterprise Agreement 2013. The decision was made in the interest of maintaining industrial peace and ensuring that the terms of employment were equitable for both parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established