DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southcorp Wines Pty Limited T/A Treasury Wine Estates Vintners Limited
(AG2019/3996)

TREASURY WINE ESTATES SOUTH-WEST VICTORIA VINEYARDS ENTERPRISE AGREEMENT 2019

Wine industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 NOVEMBER 2019

Application for approval of the Treasury Wine Estates South-West Victoria Vineyards Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates South-West Victoria Vineyards Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southcorp Wines Pty Limited T/A Treasury Wine Estates Vintners 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union (AWU) 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 organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Southcorp Wines Pty Limited, trading as Treasury Wine Estates Vintners Limited, which applied for approval of the Treasury Wine Estates South-West Victoria Vineyards Enterprise Agreement 2019. The dispute arose under the Fair Work Act 2009, where the employer sought Fair Work Commission's approval of the agreement. The Commission was tasked with ensuring the agreement met the requirements of the Act, including provisions on minimum wages, conditions, and dispute resolution.

The primary legal issues before the Court were whether the enterprise agreement adhered to the procedural and substantive requirements set out in the Fair Work Act. This included verifying if the agreement was fairly and appropriately negotiated, and whether it contained all necessary provisions. Additionally, the Court needed to determine if the agreement fairly reflected the needs and interests of the employees, as well as if it provided a safety net for minimum standards.

The Court considered the evidence presented by both parties, including the negotiation process and the content of the agreement. The Court found that the agreement was negotiated in good faith and contained all necessary provisions. It was determined that the agreement provided fair and reasonable terms for the employees, meeting the minimum standards required by the Fair Work Act. The Court approved the agreement, emphasising the importance of maintaining a balance between the rights of employers and employees.

The final orders included the approval of the Treasury Wine Estates South-West Victoria Vineyards Enterprise Agreement 2019, subject to the terms and conditions outlined in the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would come into effect on the specified date, ensuring that it governed the employment conditions of the employees involved.

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