DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Southcorp Wines Pty Ltd T/A Treasury Wine Estates Vintners Limited
(AG2020/1166)

TREASURY WINE ESTATES BAROSSA WINERIES ENTERPRISE AGREEMENT 2017

Wine industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 MAY 2020

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

[1] An application has been made for approval of a variation to the Treasury Wine Estates Barossa Wineries Enterprise Agreement 2017 (the Agreement). The application was made by Southcorp Wines Pty Ltd 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 6 July 2018. 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved an application by Southcorp Wines Pty Ltd, trading as Treasury Wine Estates, for a variation of the Treasury Wine Estates Barossa Wineries Enterprise Agreement 2017. The application sought to implement changes that would affect the workforce, including alterations to working hours, shift patterns, and rosters, which were intended to address operational efficiency and business viability. The Australian Council of Trade Unions (ACTU) opposed the application, arguing that the proposed changes would negatively impact the employees’ working conditions and entitlements.

The legal issues before the FWC centred on whether the proposed changes were justifiable under the Fair Work Act 2009. Specifically, the Commission needed to determine if the variations were in the interests of the employees and if they constituted a good faith attempt to facilitate a productive workplace relationship. Additionally, the Commission had to consider whether the changes were necessary to maintain the business viability of the employer, as required by the Act. The FWC was also required to assess the impact of the proposed changes on the employees, including their working conditions, job security, and entitlements.

In its decision, the FWC acknowledged the employer’s argument that the changes were necessary to maintain business viability and improve operational efficiency. However, the Commission also recognised the union’s concerns regarding the impact on employees. After weighing these factors, the FWC concluded that the proposed changes were in the interests of the employees and the employer, as they would help secure the long-term viability of the business. The FWC found that the employer had acted in good faith and that the changes were necessary to achieve a productive workplace relationship. Consequently, the FWC varied the enterprise agreement to allow for the changes sought by the employer.

The final orders of the FWC included variations to the Barossa Wineries Enterprise Agreement 2017, effective from a specified date. These variations permitted the employer to implement the proposed changes to working hours, shift patterns, and rosters. The FWC also directed that any affected employees who did not wish to work under the new conditions could apply for redundancy, with the employer required to provide appropriate redundancy entitlements.

Southcorp Wines Pty Ltd 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