DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southcorp Wines Pty Limited T/A Treasury Wine Estates Limited
(AG2018/6373)

TREASURY WINE ESTATES VINTNERS LTD - KARADOC ENTERPRISE AGREEMENT 2018

Wine industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 MAY 2019

Application for approval of the Treasury Wine Estates Vintners Ltd - Karadoc Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Vintners Ltd - Karadoc Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Southcorp Wines Pty Limited T/A Treasury Wine Estates Limited. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Australian Workers’ Union, and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 is approved and, in accordance with s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Southcorp Wines Pty Limited trading as Treasury Wine Estates Limited, applied to the Fair Work Commission for the approval of the Treasury Wine Estates Vintners Ltd - Karadoc Enterprise Agreement 2018. The dispute centred around the terms and conditions of employment for employees under the proposed enterprise agreement, which the applicant sought to implement. The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal with jurisdiction over enterprise agreements and other workplace issues.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for "independent" bargaining as outlined in the Act, and whether it provided for fair and reasonable terms and conditions of employment. The applicant argued that the agreement had been negotiated in good faith and provided for fair and reasonable terms, while no party opposed the agreement, although some concerns were raised regarding specific provisions.

The Fair Work Commission found that the enterprise agreement was the product of independent bargaining, as it was negotiated without any undue influence or coercion. The Commission was satisfied that the process leading to the agreement's creation was fair and that the terms were reasonable. The Commission considered various factors, including the parties' conduct during negotiations, the complexity of the agreement, and the provisions themselves. The Commission concluded that the agreement met the statutory requirements and approved it.

As a result of the Commission's decision, the Treasury Wine Estates Vintners Ltd - Karadoc Enterprise Agreement 2018 was approved and will now govern the terms and conditions of employment for the employees covered by the agreement. The applicant's application for approval was successful, and the enterprise agreement came into effect on the date of the Commission's decision.

Southcorp Wines Pty Limited T/A Treasury Wine Estates Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established