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

[2014] FWCA 5128

FAIR WORK COMMISSION

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
(AG2014/6893)

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

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 30 JULY 2014

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

[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 2014 (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] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Southcorp Wines Pty Ltd T/A Treasury Wine Estates Vintners Limited, the Fair Work Commission (FWC) was tasked with approving the Treasury Wine Estates Vintners Limited - Wynns Coonawarra Estate Maintenance Enterprise Agreement 2014. The applicants, Treasury Wine Estates Vintners Limited, sought approval for the agreement, which was entered into with the Australian Manufacturing Workers' Union (AMWU) representing the employees of the Wynns Coonawarra Estate. The AMWU contested the approval of the agreement, arguing it did not meet the requirements for a fair and reasonable enterprise agreement under the Fair Work Act 2009 (Cth).

The legal issues before the Commission centred on whether the proposed agreement was genuinely negotiated, met the genuine agreement test, and complied with the procedural fairness requirements. Key points of contention included the process of negotiation, the adequacy of the agreement in terms of fairness and reasonableness, and whether the agreement was genuinely negotiated between the parties. The Commission also had to consider the impact of the agreement on the employees, particularly in light of the submissions made by the AMWU regarding the adequacy and fairness of the proposed terms.

The Commission found that the agreement was genuinely negotiated between the parties, met the genuine agreement test, and complied with the procedural fairness requirements. The evidence presented demonstrated that the parties engaged in a genuine negotiation process, resulting in an agreement that was fair and reasonable. The Commission noted that while the AMWU had raised concerns about the fairness of certain provisions, the overall agreement reflected the negotiation process and was in the best interests of the employees. Consequently, the Commission approved the proposed enterprise agreement, acknowledging the parties' commitment to a fair and reasonable outcome.

The final orders of the Commission were that the Treasury Wine Estates Vintners Limited - Wynns Coonawarra Estate Maintenance Enterprise Agreement 2014 be approved as a certified agreement under the Fair Work Act 2009 (Cth). The agreement was certified, effective from the date of the decision, and would apply to the employees of the Wynns Coonawarra Estate as per the terms outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established