DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southcorp Wines Pty Ltd T/A Treasury Wine Estates Vintners Limited
(AG2017/5485)

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

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 APRIL 2018

Application for approval of the Treasury Wine Estates Vintners Limited - Wynns Coonawarra Estate Maintenance 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 Maintenance 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 Ltd 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, 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.

[4] The Agreement was approved on 4 April 2018 and, in accordance with s.54, will operate from 11 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southcorp Wines Pty Ltd T/A Treasury Wine Estates Vintners Limited applied to the Fair Work Commission for approval of the Treasury Wine Estates Vintners Limited – Wynns Coonawarra Estate Maintenance Enterprise Agreement 2017. The dispute centred around whether the enterprise agreement, which was intended to cover maintenance employees at the Wynns Coonawarra Estate, met the necessary standards and conditions for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement contained all the mandated terms and conditions, including minimum rates of pay, and if it was fair and reasonable in the context of the specific workplace. Additionally, the court had to consider whether the agreement complied with the procedural requirements, such as the proper notification and consultation processes.

The primary legal issues before the Fair Work Commission involved verifying the comprehensiveness and fairness of the agreement. This included ensuring that the agreement included all the required minimum terms and conditions, such as wages, hours of work, and other employment-related provisions. Furthermore, the court had to assess whether the agreement was made in good faith and whether it was fair and reasonable in the circumstances of the enterprise. The Commission also needed to confirm that the appropriate procedural steps were followed, including the provision of required information to employees and the opportunity for them to be consulted.

In reaching its decision, the Fair Work Commission examined the provisions of the agreement against the statutory requirements set out in the Fair Work Act. The Commission found that the agreement included all the necessary minimum terms and conditions and was fair and reasonable for the employees of the Wynns Coonawarra Estate. The agreement was also deemed to have been made in good faith, with appropriate procedural steps having been followed. Consequently, the Commission approved the enterprise agreement, confirming that it met the legal standards for approval. The approval was based on the comprehensiveness, fairness, and procedural integrity of the agreement.

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