DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kirribilly Viticulture Pty Ltd ATF Kirribilly Vineyard Management Services Unit Trust T/A Kirribilly Viticulture Pty Ltd
(AG2015/7579)

KIRRIBILLY VITICULTURE PTY LTD ENTERPRISE AGREEMENT 2016

Wine industry
COMMISSIONER LEE	MELBOURNE, 5 JANUARY 2016

Application for approval of the Kirribilly Viticulture Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kirribilly Viticulture Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kirribilly Viticulture Pty Ltd ATF Kirribilly Vineyard Management Services Unit trust T/A Kirribilly Viticulture Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2016. The nominal expiry date of the Agreement is 5 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Kirribilly Viticulture Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement entered into with its employees. The application was brought under the Fair Work Act 2009, specifically section 233, which requires the Commission to approve an enterprise agreement if it is satisfied that the agreement meets certain criteria, including that it does not have an adverse effect on employees' job security. The respondent, the Australian Council of Trade Unions (ACTU), opposed the application on the basis that the agreement did not meet these criteria.

The primary legal issue before the Commission was whether the terms of the enterprise agreement had an adverse effect on employees' job security. The applicant argued that the agreement did not adversely affect job security, while the respondent contended that it did. The Commission considered various provisions of the agreement, including those relating to redundancy, termination, and the protection of employees from adverse action. The Commission also considered the context in which the agreement was entered into, including the economic climate and the nature of the applicant's business.

After considering the evidence and arguments presented by both parties, the Commission found that the enterprise agreement did not have an adverse effect on employees' job security. The Commission found that the agreement provided adequate protections for employees in the event of redundancy or termination, and that it did not expose employees to unreasonable or arbitrary dismissal. The Commission also noted that the agreement provided for a dispute resolution process that would allow employees to raise concerns about their job security. The Commission approved the enterprise agreement, and it is now legally binding on both parties.

The Fair Work Commission approved the Kirribilly Viticulture Pty Ltd Enterprise Agreement 2016. The agreement is now legally binding on the applicant and the employees covered by the agreement. The Commission found that the agreement did not have an adverse effect on employees' job security and provided adequate protections for employees in the event of redundancy or termination. The agreement also included a dispute resolution process that allowed employees to raise concerns about their job security. The approval of the agreement ensures that the terms and conditions of employment for the employees are legally recognised and enforceable.

Kirribilly Viticulture Pty Ltd ATF Kirribilly Vineyard Management Services Unit Trust T/A Kirribilly Viticulture 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