| [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
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.
The Agreement is a single enterprise agreement.
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
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.
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.
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.
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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 23 July 2025.
In accordance with clause 5, the nominal expiry date of the Agreement is 16 July 2029.
COMMISSIONER
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ANNEXURE A
- AGLC
- Kylie Aspery Trading AS Kingston Vineyards Pty Ltd As Trustee For The Kingston Vineyards Personnel Trust T/A Kingston Vineyards Personnel Trust [2025] FWCA 2338
- Case
- [2025] FWCA 2338
- Decision Date
CaseChat Overview and Summary
The court had to determine if the proposed agreement complied with the provisions of the Fair Work Act, particularly focusing on whether the agreement had been fairly and genuinely negotiated and if it met the criteria for approval. Key issues included whether the agreement provided for fair and reasonable terms, including minimum rates of pay and conditions, and if it adhered to the procedural requirements set forth in the Act. Additionally, the court examined whether the agreement appropriately balanced the rights and obligations of both employers and employees.
In delivering its decision, the Commission examined the negotiation process and the terms of the agreement itself. The court found that the agreement had been fairly and genuinely negotiated, as evidenced by the submissions and documentation provided. It also concluded that the proposed agreement met the legal requirements for approval under the Fair Work Act, as it provided for fair and reasonable terms, including appropriate rates of pay and conditions. Based on these findings, the court approved the Kingston Vineyards Enterprise Agreement 2025.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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