DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kingston Estate Wines Pty Ltd
(AG2018/6618)

KINGSTON ESTATE WINES ENTERPRISE AGREEMENT 2018

Wine industry
COMMISSIONER YILMAZ	MELBOURNE, 10 MAY 2019

Application for approval of the Kingston Estate Wines Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kingston Estate Wines Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kingston Estate Wines 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 May 2019. The nominal expiry date of the Agreement is 10 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kingston Estate Wines Pty Ltd recently sought approval of its 2018 Enterprise Agreement from the Fair Work Commission. The company argued that the proposed agreement contained necessary changes to address modern workplace realities. The nature of the dispute involved the interpretation and application of the Fair Work Act 2009 in relation to the proposed changes. The Commission, under the authority of the Fair Work (Registered Organisations) Act 2009, was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues before the Commission centred on whether the proposed changes in the agreement were fair and reasonable and if they complied with the requirements of the Fair Work Act. Specifically, the Commission needed to assess if the changes were necessary to improve the efficiency, productivity, or profitability of the company. The Commission also had to consider if the agreement allowed for fair and flexible working arrangements, and whether it provided for appropriate protections for employees. The arguments from both parties focused on the balance between business needs and employee rights.

In reaching its decision, the Commission reviewed the provisions of the Fair Work Act and relevant case law. It examined the submissions from both the employer and the employees' representatives, along with any relevant economic and industrial evidence. The Commission concluded that the proposed changes were necessary for the company's operational efficiency and did not unduly disadvantage employees. The agreement was found to be fair and reasonable, meeting all statutory requirements. The Commission approved the Kingston Estate Wines Enterprise Agreement 2018, finding it to be in compliance with the Fair Work Act.

The final orders of the Commission included the approval of the 2018 Enterprise Agreement between Kingston Estate Wines Pty Ltd and its employees. The approved agreement was to be registered with the Fair Work Commission, effective from the date of the decision. This decision provides a clear example of how the Commission applies the Fair Work Act in approving enterprise agreements, balancing the interests of employers and employees.

Kingston Estate Wines 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