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
(AG2014/10729)

TREASURY WINE ESTATES VINTNERS LIMITED - WYNNS COONAWARRA ESTATE ENTERPRISE AGREEMENT 2014

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 18 DECEMBER 2014

Application for approval of the Treasury Wine Estates Vintners Limited - Wynns Coonawarra Estate Enterprise Agreement 2014

[1] An application for approval of an enterprise agreement known as the Treasury Wine Estates Vintners Limited - Wynns Coonawarra Estate 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 June 2017.

DEPUTY PRESIDENT

1 Telephone conference held on 17 December 2014

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Southcorp Wines Pty Ltd, trading as Treasury Wine Estates Vintners Limited, for the approval of an enterprise agreement titled the Treasury Wine Estates Vintners Limited - Wynns Coonawarra Estate Enterprise Agreement 2014. This application was made under section 185 of the Fair Work Act 2009 and pertains to a single-enterprise agreement within the wine industry. The decision was rendered by the Fair Work Commission, with the Deputy President, Bartel, presiding over the matter in Adelaide on December 18, 2014.

The central legal issue before the court was whether the application for the approval of the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to ascertain whether the employer had fulfilled the conditions set out in sections 186, 187, and 188 of the Act, and whether an undertaking provided by the employer concerning the rates of pay for juniors and apprentices adequately addressed the concerns raised and complied with section 190 of the Act. Additionally, the court needed to determine if United Voice, the bargaining representative for the agreement, had given notice of its intention to be covered by the agreement as per section 183(2) of the Act.

The Deputy President concluded that the employer's application satisfied all the statutory requirements for the approval of the enterprise agreement. The court was satisfied that the employer's undertaking regarding the rates of pay for juniors and apprentices sufficiently addressed the concerns raised, was supported by United Voice, and met the criteria outlined in section 190 of the Act. The court also found that the employer had met the requirements of sections 186, 187, and 188 of the Act. Furthermore, United Voice had provided the requisite notice under section 183(2) of the Act, indicating its wish to be covered by the agreement. Consequently, the court approved the agreement, which will operate from December 25, 2014, with a nominal expiry date of June 30, 2017.

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

DECISION

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Background to the litigation

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Legal Principle Established