DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kingston Vineyards Personnel Pty Ltd As Trustee For The Kingston Vineyards Personnel Trust T/A Kingston Vineyards Personnel Trust
(AG2020/4098)

KINGSTON VINEYARDS ENTERPRISE AGREEMENT 2020

Wine industry
COMMISSIONER PLATT	ADELAIDE, 20 JANUARY 2021

Application for approval of the Kingston Vineyards Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Kingston Vineyards Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kingston Vineyards Personnel Pty Ltd As Trustee For The Kingston Vineyards Personnel Trust T/A Kingston Vineyards Personnel Trust (the Applicant).

[2] The agreement is a single enterprise agreement.

[3] The matter was allocated to my Chambers on 13 January 2021.

[4] On 15 January 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[5] The Applicant has submitted an undertaking in the required form dated 15 January 2021. The undertaking deals with the following topics:

• During harvest period, clause 52.4 of the Agreement will be applied on the basis that a substitute Public Holiday will be implemented where there is mutual agreement between the Applicant and each employee to substitute an alternative day for the Public Holiday, except for ANZAC Day and Good Friday.

• In relation to clause 49.3(b) of the Agreement, if an employee fails to give the required notice, the Applicant may withhold from any wages due to the employee on termination under the Agreement, an amount that is no more than one week’s wages for the employee in respect of the period of notice required, less any period of notice actually given by the employee.

• Trainees will be paid a minimum of 10% above the weekly rate in the National Training Wage.

[6] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 12 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kingston Vineyards Personnel Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. This was done under the Fair Work Act 2009, aiming to establish terms and conditions for employees working within the Kingston Vineyards Personnel Trust. The dispute arose from the negotiation and ratification processes of the Kingston Vineyards Enterprise Agreement 2020.

The primary legal issues before the court involved verifying if the agreement met the statutory requirements for approval under the Fair Work Act. These included whether the agreement had been fairly made, if it contained the necessary provisions, and if it adhered to the procedural guidelines set forth by the Act. Additionally, the court had to assess whether the agreement complied with the Fair Work (Registered Organisations) Act 2009, particularly in terms of the representation of the employees.

The court found that the agreement was fairly made and contained all the required provisions as per the legislation. It was determined that the negotiation process adhered to the procedural guidelines and that the agreement was properly ratified by the employees. The court also confirmed that the agreement complied with the Fair Work (Registered Organisations) Act 2009. Consequently, the court approved the Kingston Vineyards Enterprise Agreement 2020.

The final orders of the court were that the Kingston Vineyards Enterprise Agreement 2020 be approved, and it was registered with the Fair Work Commission. This decision affirmed the agreement as binding for the employees and employers within the specified scope.

Kingston Vineyards Personnel Pty Ltd As Trustee For The Kingston Vineyards Personnel Trust T/A Kingston Vineyards Personnel Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established