DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suncorp Wines Pty Limited T/A Treasury Wine Estates Vintners Limited
(AG2018/941)

TREASURY WINE ESTATES VINTNERS LIMITED – SOUTH EASTERN REGION VINEYARDS ENTERPRISE AGREEMENT 2017

Wine industry
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2018

Application for approval of the Treasury Wine Estates Vintners Limited – South Eastern Region Vineyards Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Vintners Limited – South Eastern Region Vineyards 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 Suncorp Wines Pty Limited T/A Treasury Wine Estates Vintners Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] United Voice 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2018. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Suncorp Wines Pty Limited, trading as Treasury Wine Estates Vintners Limited, seeking approval for the Treasury Wine Estates Vintners Limited – South Eastern Region Vineyards Enterprise Agreement 2017. The primary dispute centred on whether the agreement met the requirements for registration under the Fair Work Act 2009, specifically whether it was a bona fide enterprise agreement, fairly and genuinely negotiated, and whether it adhered to the procedural requirements for registration. The applicants argued that the agreement had been appropriately negotiated and met all statutory criteria, while no opposing party contested the application.

The central legal issues before the court involved determining if the agreement was genuinely negotiated between the employer and the employees' representatives, if it contained the necessary provisions for a valid enterprise agreement, and whether the correct procedures were followed during the negotiation and registration processes. The court had to assess if the agreement covered all mandatory bargaining items and if it was made in good faith, without any coercion or undue influence. Additionally, the court examined the procedural fairness of the bargaining process and the compliance with the registration requirements.

The Fair Work Commission found that the agreement had indeed been genuinely negotiated, with both parties participating in good faith and without any coercion. The court held that all mandatory bargaining items were addressed in the agreement, and it contained the necessary provisions to be considered a valid enterprise agreement. Furthermore, the procedural aspects of the negotiation and registration process were deemed to have been followed correctly, satisfying the requirements of the Fair Work Act 2009. Consequently, the court approved the application for the registration of the Treasury Wine Estates Vintners Limited – South Eastern Region Vineyards Enterprise Agreement 2017.

In approving the application, the court ordered that the Treasury Wine Estates Vintners Limited – South Eastern Region Vineyards Enterprise Agreement 2017 be registered under the Fair Work Act 2009. This decision confirms the agreement as a legally binding enterprise agreement between the employer and the employees' representatives, effective from the date of registration.

Suncorp Wines Pty Limited 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