DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Southcorp Wines Pty Ltd T/A Treasury Wine Estates Vintners Limited
(AG2014/10735)

TREASURY WINE ESTATES VINTNERS LIMITED - LIMESTONE COAST VINEYARDS ENTERPRISE AGREEMENT 2014

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 18 DECEMBER 2014

Application for approval of the Treasury Wine Estates Vintners Limited - Limestone Coast Vineyards Enterprise Agreement 2014

[1] An application for approval of an enterprise agreement known as the Treasury Wine Estates Vintners Limited - Limestone Coast Vineyards Enterprise Agreement 2014 (the Agreement) has been made by Southcorp Wines Pty Ltd T/A Treasury Wine Estates Vintners Limited (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The employer has provided an undertaking in accordance with s.190(3) of the Act response to an issue raised concerning the rates of pay for juniors and apprentices. 1 I am satisfied that the undertaking addresses the concern that has been expressed; is supported by United Voice, the bargaining representative for the Agreement; and otherwise meets the relevant requirements of s.190 of the Act. In accordance with s.201(3) of the Act, the undertaking is taken to be a term of the Agreement. The undertaking is appended to the Agreement as Schedule A.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] United Voice has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers United Voice.

[5] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 25 December 2014. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

1 Telephone conference held on 17 December 2014

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Southcorp Wines Pty Ltd T/A Treasury Wine Estates Vintners Limited applied for approval of a single-enterprise agreement, the Treasury Wine Estates Vintners Limited - Limestone Coast Vineyards Enterprise Agreement 2014, under section 185 of the Fair Work Act 2009. The application involved addressing a concern regarding the rates of pay for juniors and apprentices, which was subsequently managed through an undertaking provided by the employer. United Voice, the bargaining representative for the Agreement, supported the undertaking and agreed to be covered by the Agreement.

The primary legal issues before the Deputy President involved ensuring that the Agreement met all relevant requirements under sections 186, 187, and 188 of the Fair Work Act. Specifically, the Deputy President had to determine whether the Agreement complied with the legislative criteria for approval and if the employer's undertaking adequately addressed the pay concerns raised. The Deputy President concluded that the Agreement satisfied the necessary conditions, including the provisions under sections 190 and 201 of the Act.

After evaluating the application and the employer's undertaking, the Deputy President approved the Agreement. The Agreement, which will operate from 25 December 2014, includes the employer's undertaking as a term of the Agreement, as per section 201(3) of the Act. The nominal expiry date of the Agreement is 30 September 2017. This decision signifies the formal acceptance and implementation of the enterprise agreement within the stipulated timeframe.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established