DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southcorp Wines Pty Limited T/A Treasury Wine Estates Vintners Limited
(AG2017/5673)

TREASURY WINE ESTATES VINTNERS LIMITED - WYNNS COONAWARRA ESTATE ENTERPRISE AGREEMENT 2017

Wine industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 MAY 2018

Application for approval of the Treasury Wine Estates Vintners Limited - Wynns Coonawarra Estate Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Vintners Limited - Wynns Coonawarra Estate Enterprise Agreement 2017 (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 Applicant 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] 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] United Voice 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 was approved on 30 May 2018 and, in accordance with s.54, will operate from 6 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Southcorp Wines Pty Limited trading as Treasury Wine Estates Vintners Limited, applied to the Fair Work Commission for the approval of the Treasury Wine Estates Vintners Limited – Wynns Coonawarra Estate Enterprise Agreement 2017. The applicants sought to finalise an enterprise agreement with the employees of Wynns Coonawarra Estate, which covers various terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The legal issues before the court involved the validity and fairness of the proposed enterprise agreement. The court had to determine whether the agreement met the requirements under the Fair Work Act 2009, including whether it provided for the proper protection of employees' interests and whether it had been made in good faith. Additionally, the court examined whether the agreement was sufficiently comprehensive, taking into account the specific circumstances of the employees and the operations of Wynns Coonawarra Estate.

In considering these issues, the court assessed the negotiation process, the nature of the agreement, and the extent to which it met the statutory criteria for approval. The court found that the agreement had been negotiated in good faith and that it provided for the fair and reasonable terms of employment for the employees. The agreement was deemed comprehensive, addressing key employment matters and ensuring the protection of employees' interests.

The court approved the Treasury Wine Estates Vintners Limited – Wynns Coonawarra Estate Enterprise Agreement 2017, finding that it met the statutory requirements for approval under the Fair Work Act 2009.

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