Kylie Aspery Trading AS Kingston Vineyards Pty Ltd As Trustee For The Kingston Vineyards Personnel Trust T/A Kingston Vineyards Personnel Trust

Case •

[2025] FWCA 2338

•

16 JULY 2025
[2025] FWCA 2338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Kylie Aspery Trading AS Kingston Vineyards Pty Ltd As Trustee For The Kingston Vineyards Personnel Trust T/A Kingston Vineyards Personnel Trust

(AG2025/2086)

KINGSTON VINEYARDS ENTERPRISE AGREEMENT 2025

Wine industry

COMMISSIONER TRAN

MELBOURNE, 16 JULY 2025

Application for approval of the Kingston Vineyards Enterprise Agreement 2025

  1. Kingston Vineyards (ABN: 24 374 148 502) has applied for approval of an enterprise agreement known as the Kingston Vineyards Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.

  1. The Agreement is a single enterprise agreement.

  1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

    ·   Clause 53.4 – Public Holidays

    ·   Clause 50.3(b) – Termination

  1. Clause 8 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Employer has provided written undertakings. 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.

  1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 23 July 2025.

  1. In accordance with clause 5, the nominal expiry date of the Agreement is 16 July 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE529706  PR789637>

ANNEXURE A

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0