Premium Wine Brands Pty Ltd

[2013] FWCA 7253

FAIR WORK COMMISSION

DECISION

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

Premium Wine Brands Pty Ltd
(AG2013/2796)

2013 PREMIUM WINE BRANDS PTY LTD CELLAR DOORS (BAROSSA VALLEY) ENTERPRISE AGREEMENT

Wine industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 SEPTEMBER 2013

Application for approval of the 2013 Premium Wine Brands Pty Ltd Cellar Doors (Barossa Valley) Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2013 Premium Wine Brands Pty Ltd Cellar Doors (Barossa Valley) Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Premium Wine Brands Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

“.... Premium Wine Brands Pty Ltd undertakes that any employees covered by the above Agreement who is rostered and does regularly work on Sundays and public holidays will be granted an additional week’s annual leave in accordance with Clause 30.2 of the Wine Industry Award 2010.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2013. The nominal expiry date of the Agreement is 30 June 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Premium Wine Brands Pty Ltd applied for approval of the 2013 Premium Wine Brands Pty Ltd Cellar Doors (Barossa Valley) Enterprise Agreement before the Fair Work Commission. The applicant sought to have the enterprise agreement approved as a low-paid industry agreement under section 191 of the Fair Work Act 2009. The agreement was negotiated between Premium Wine Brands and the Retail and Fast Food Workers Union of Victoria, acting as the certified bargaining agent for the employees. The legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was in the public interest, provided for appropriate dispute resolution mechanisms, and included appropriate terms and conditions for the employees. The Commission found that the agreement met the criteria for approval, noting that it included provisions for fair and reasonable terms and conditions, and provided for appropriate dispute resolution mechanisms. The Commission also found that the agreement was in the public interest, as it provided for reasonable working conditions for employees in a low-paid industry. The Commission approved the enterprise agreement under section 191 of the Fair Work Act. The approval will allow the agreement to be registered and enforceable, providing a framework for the terms and conditions of employment for employees in the Barossa Valley cellar doors industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established