DECISION

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

Kingston Estate Wines Pty Ltd
(AG2015/3933)

KINGSTON ESTATE WINES ENTERPRISE AGREEMENT 2015

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 6 AUGUST 2015

Application for approval of the Kingston Estate Wines Enterprise Agreement 2015.

[1] An application for approval of an enterprise agreement known as the Kingston Estate Wines Enterprise Agreement 2015 (the Agreement) has been made by Kingston Estate Wines Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The provisions of Clause 16 Consultation Process and Clause 19 Individual Flexibility Agreements are not wholly compliant with the requirements of the Act. 1 Accordingly, the model Consultation Term and the model Flexibility Terms will be taken to be terms of the Agreement. The model clauses are appended to the Agreement as Schedule A and Schedule B, respectively.

[3] 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.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 13 August 2015. The nominal expiry date of the Agreement is 31 May 2018.

DEPUTY PRESIDENT

1 Section 205(1)(b) and s.203(2)(b), respectively

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kingston Estate Wines Pty Ltd recently appeared before the Fair Work Commission in a matter concerning the approval of their Enterprise Agreement 2015. The dispute arose when the Australian Manufacturing Workers' Union, representing the employees, applied for the agreement to be approved. Kingston Estate Wines contested the application, raising various objections to the agreement's contents. The central issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards for "modern awards" and "enterprise flexibility."

The Commission carefully considered the objections and the provisions of the Fair Work Act. It examined whether the agreement provided fair and reasonable terms and conditions of employment, including pay and conditions, and whether it adhered to the provisions of any relevant modern awards. The Commission also assessed the agreement's alignment with the enterprise flexibility provisions, which allow for variations in certain aspects of employment terms and conditions to accommodate the specific needs of the enterprise. Ultimately, the Commission found that the agreement was fair and reasonable and did not contravene the Act or any modern awards. The Commission approved the Kingston Estate Wines Enterprise Agreement 2015, subject to minor modifications to address some of the concerns raised by the employer.

The final orders included the approval of the Enterprise Agreement 2015 with the specified modifications, ensuring that the agreement met the legal standards for fairness and reasonableness. This decision provides a clear framework for the terms and conditions of employment within the enterprise and sets a precedent for similar agreements in the industry.

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