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

[2018] FWCA 7652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2018/4631)

TREASURY WINE ESTATES VINTNERS LIMITED - BAROOGA VINEYARD ENTERPRISE AGREEMENT 2018

Wine industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2018

Application for approval of the Treasury Wine Estates Vintners Limited - Barooga Vineyard Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Vintners Limited - Barooga Vineyard Enterprise Agreement 2018 (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.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

The Agreement was approved on 18 December 2018 and, in accordance with s.54, will operate from 25 December 2018. 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 case involved Southcorp Wines Pty Limited, trading as Treasury Wine Estates Vintners Limited, and a group of its employees. The dispute was regarding the approval of the Treasury Wine Estates Vintners Limited - Barooga Vineyard Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with procedural requirements. This included ensuring that the agreement had been genuinely negotiated and that it included a provision for the variation of the agreement by the Commission.

In reaching its decision, the Commission examined the evidence presented by both parties. It considered the process by which the agreement was negotiated, the content of the agreement, and the responses from the affected employees. The Commission found that the agreement was genuinely negotiated and met the statutory requirements. It provided for fair and reasonable terms and conditions, and complied with all procedural requirements. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Treasury Wine Estates Vintners Limited - Barooga Vineyard Enterprise Agreement 2018, finding it to be fairly negotiated and compliant with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established