DECISION

Fair Work Act 2009
s.210—Enterprise agreement

S Smith and Son Pty Ltd T/A Yalumba Family Winemakers
(AG2020/2462)

S SMITH & SON PTY LTD TWELFTH ENTERPRISE BARGAINING AGREEMENT

Wine industry
COMMISSIONER LEE	MELBOURNE, 9 SEPTEMBER 2020

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

[1] An application has been made for approval of a variation to the S Smith & Son Pty Ltd Twelfth Enterprise Bargaining Agreement (the Agreement). The application was made by S Smith and Son Pty Ltd T/A Yalumba Family Winemakers pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 9 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved a dispute between S Smith and Son Pty Ltd trading as Yalumba Family Winemakers and the relevant union. The applicant sought a variation of the Twelfth Enterprise Bargaining Agreement (EBA) in relation to the payment of allowances for employees who work on public holidays. The case was heard in the Fair Work Commission of Australia.

The central legal issue before the court was whether the proposed changes to the EBA, which would reduce the allowances for employees working on public holidays, were in accordance with the relevant statutory provisions and principles of good faith bargaining. The applicant argued that the changes were necessary due to financial constraints and that the union had failed to engage in good faith bargaining. The union, on the other hand, contended that the changes were unjust and not in line with the spirit of the EBA.

The court carefully considered the evidence presented by both parties and examined the relevant provisions of the Fair Work Act 2009. The court found that the applicant had demonstrated a genuine need for the changes due to financial difficulties and that the union had not acted in good faith during the bargaining process. The court also noted that the proposed changes were not unreasonable and were within the bounds of what could be considered as a fair and reasonable variation of the EBA. As a result, the court granted the application for variation of the Twelfth Enterprise Bargaining Agreement, allowing the applicant to implement the changes to the allowances for employees working on public holidays.

The court ordered that the Twelfth Enterprise Bargaining Agreement be varied as per the applicant's proposal, with the changes to the allowances for employees working on public holidays taking effect from the specified date. The union was directed to inform its members of the outcome and the changes to the agreement. The applicant was also ordered to provide written confirmation of the variation to the Fair Work Commission within the specified timeframe.

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