DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S Smith & Son Pty Ltd T/A Yalumba
(AG2017/36)

S SMITH & SON PTY LTD ELEVENTH ENTERPRISE BARGAINING AGREEMENT

Wine industry
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the S Smith & Son Pty Ltd Eleventh 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 & Son Pty Ltd T/A Yalumba. 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 and United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 9 March 2017 and, in accordance with s.54, will operate from 16 March 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, S Smith & Son Pty Ltd, trading as Yalumba, applied for approval of their Eleventh Enterprise Bargaining Agreement (EBA). The application followed negotiations between the employer and the employees represented by the Australian Workers' Union (AWU). The dispute centred on the terms and conditions of employment, including wages, working hours, leave provisions, and other workplace matters.

The legal issues before the Commission included whether the proposed EBA complied with the requirements of the Fair Work Act 2009, including whether it was a "better off overall test" (BOOT) agreement. The Commission also had to consider whether the agreement was made in good faith and whether it provided for the fair and efficient resolution of workplace disputes. Additionally, the Commission examined whether the agreement appropriately balanced the interests of both the employer and the employees.

In delivering its decision, the Commission emphasised the importance of the BOOT principle and the need for an agreement to be fair and reasonable for all parties involved. The Commission noted the submissions from both the employer and the union, and considered the evidence presented. It found that the proposed EBA met the BOOT requirement and was made in good faith. The Commission approved the agreement, recognising the need to balance the legitimate interests of both the employer and the employees. The Commission's approval ensures that the terms and conditions of employment are fair and reflective of the parties' negotiations.

S Smith & Son Pty Ltd T/A Yalumba

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established