DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southcorp Wines Pty Limited T/A Treasury Wine Estates Vintners Limited
(AG2018/2615)

TREASURY WINE ESTATES - YARRA VALLEY VINEYARDS ENTERPRISE AGREEMENT 2018

Wine industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 OCTOBER 2018

Application for approval of the Treasury Wine Estates - Yarra Valley Vineyards Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates - Yarra Valley Vineyards 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.

[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 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. 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.

[4] The Agreement was approved on 24 October 2018 and, in accordance with s.54, will operate from 31 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Southcorp Wines Pty Limited, trading as Treasury Wine Estates Vintners Limited, applied for the approval of the Treasury Wine Estates - Yarra Valley Vineyards Enterprise Agreement 2018. The applicant, a company involved in wine production and distribution, sought the commission's endorsement of the proposed enterprise agreement, which was intended to govern the terms and conditions of employment for certain employees within its Yarra Valley vineyards division. The nature of the dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for being a lawful and effective enterprise agreement.

The central legal issue before the commission was whether the proposed agreement provided for the mandatory terms and conditions as required by the Fair Work Act, and if it fairly reflected the balance of workplace rights and obligations. This included scrutinising whether the agreement adequately covered all necessary provisions, such as minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms. Furthermore, the commission examined if the agreement was genuinely negotiated and whether it had the necessary support from the employees as required by the legislation.

In deliberating on the application, the commission considered various submissions and evidence provided by both the applicant and the relevant stakeholders. The commission noted that the agreement contained comprehensive provisions that aligned with the mandatory minimum terms and conditions prescribed by the Fair Work Act. Additionally, the evidence indicated that the agreement had been fairly negotiated and had garnered support from the requisite number of employees. The commission concluded that the proposed agreement was comprehensive, fair, and met the statutory requirements for approval.

Consequently, the commission approved the Treasury Wine Estates - Yarra Valley Vineyards Enterprise Agreement 2018, deeming it to be a lawful and effective enterprise agreement. This decision affirmed the agreement's validity, allowing it to govern the employment terms and conditions for the specified workforce within the Yarra Valley vineyards division of Southcorp Wines Pty Limited.

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