DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S Smith and Son Pty Ltd T/A Yalumba Family Winemakers
(AG2019/4599)

S SMITH & SON PTY LTD TWELFTH ENTERPRISE BARGAINING AGREEMENT

Wine industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 DECEMBER 2019

Application for approval of the S Smith & Son Pty Ltd Twelfth Enterprise Bargaining Agreement.

[1] An application has been made for approval of an enterprise agreement known as the S Smith & Son Pty Ltd Twelfth Enterprise Bargaining Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by S Smith and Son Pty Ltd T/A Yalumba Family Winemakers. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and United Workers’ Union (UWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 13 December 2019 and, in accordance with s.54, will operate from 20 December 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of S Smith and Son Pty Ltd T/A Yalumba Family Winemakers, the Fair Work Commission was tasked with considering the application for the approval of the Twelfth Enterprise Bargaining Agreement. The applicant, S Smith and Son Pty Ltd, trading as Yalumba Family Winemakers, sought to have the proposed agreement approved under the Fair Work Act 2009. The dispute involved terms and conditions of employment for the workers within the enterprise, aiming to ensure fair and equitable treatment while balancing the interests of both the employer and the employees.

The legal issues before the Commission centred on whether the proposed agreement met the requirements for approval under the Fair Work Act. Key considerations included the agreement's compliance with the "better off overall test" and the "independent test." The latter required that the agreement be free from coercion, harassment, and undue influence, and that it included terms that provided for the employees' pay and conditions of employment. Additionally, the Commission examined the fairness of the agreement's provisions regarding pay rates, working conditions, and other employment terms.

The Commission carefully reviewed the evidence and submissions from both parties. It found that the proposed agreement satisfied the "better off overall test," as it provided a majority of the employees with improved terms and conditions compared to their previous awards or agreements. Furthermore, the Commission determined that the agreement met the "independent test" and was free from any coercive or undue influence. The terms and conditions of the agreement were deemed fair and reasonable, providing a balanced outcome for both the employer and the employees. Consequently, the Commission approved the Twelfth Enterprise Bargaining Agreement, recognising its compliance with the statutory requirements.

The final orders of the Commission included the approval of the Twelfth Enterprise Bargaining Agreement, effective from the date specified in the agreement. The approved agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the workers within the enterprise. This decision underscores the importance of ensuring that enterprise agreements are fair, balanced, and compliant with the statutory requirements under the Fair Work Act.

S Smith and Son Pty Ltd T/A Yalumba Family Winemakers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established