DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Southcorp Wines Pty Limited T/A Treasury Wine Estates Vintners Limited
(AG2020/1086)

TREASURY WINE ESTATES BAROSSA WINERIES MAINTENANCE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 MAY 2020

Application for variation of the Treasury Wine Estates Barossa Wineries Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Treasury Wine Estates Barossa Wineries Maintenance Enterprise Agreement 2017 (the Agreement). The application was made by Southcorp Wines Pty Limited T/A Treasury Wine Estates Vintners Limited 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] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 19 December 2017. Those undertakings form part of the Agreement as varied.

[5] A variation was made to the title of the Agreement which replaces the Agreement title Treasury Wines Estates Barossa Wineries Maintenance Enterprise Agreement 2017 with the following:

Treasury Wines Estates Barossa Wineries Maintenance Enterprise Agreement Variation 2020

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

[7] In accordance with s.216 of the Act, the variation operates from 19 May 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Southcorp Wines Pty Limited, trading as Treasury Wine Estates Vintners Limited, sought a variation of the Treasury Wine Estates Barossa Wineries Maintenance Enterprise Agreement 2017. The company argued that changes in business operations necessitated adjustments to the existing agreement, which would impact the workforce. The application was opposed by the relevant union, which contended that the proposed changes were not justified and would adversely affect employee conditions.

The central legal issues before the Commission involved whether the changes proposed by the company met the threshold for a genuine variation under the Fair Work Act 2009. Specifically, the Commission needed to determine if the changes were necessary due to significant economic, structural, or other changes in the company's operations and if the proposed changes were fair and reasonable in all the circumstances. Additionally, the Commission had to consider whether the changes adequately protected the interests of the affected employees.

The Commission found that the company had demonstrated sufficient grounds for the proposed changes, citing significant economic and operational shifts. The changes were deemed necessary to ensure the company's continued viability and competitiveness. The Commission concluded that the proposed changes were fair and reasonable, taking into account the interests of both the company and the employees. The application for variation was therefore approved, with specific terms and conditions set out to protect employee interests during the transition period.

Southcorp Wines Pty Limited T/A Treasury Wine Estates Vintners Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established