Taylors Wines Pty Ltd

[2022] FWCA 290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Taylors Wines Pty Ltd

(AG2021/9233)

TAYLORS WINES ENTERPRISE AGREEMENT 2021

Wine industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 FEBRUARY 2022

Application for approval of the Taylors Wines Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Taylors Wines Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Taylors Wines Pty Ltd. The Agreement is a single enterprise agreement.

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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 11.1.9 of Part 11 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.12.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers Union (UWU) 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.

The Agreement was approved on 1 February 2022 and, in accordance with s.54, will operate from 8 February 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Taylors Wines Pty Ltd, a company in the wine production industry, and a union representing its employees. The dispute centred around the proposed Enterprise Agreement 2021, which aimed to regulate the terms and conditions of employment for the workers. The matter was brought before the Fair Work Commission (FWC) for approval of the agreement. The union argued that the proposed agreement did not adequately protect employee rights, while Taylors Wines contended that the agreement was fair and necessary for the business's sustainability.

The central legal issues for the FWC to decide were whether the proposed Enterprise Agreement 2021 met the requirements of the Fair Work Act 2009, particularly in terms of ensuring fairness and meeting the "better off overall test." The FWC needed to determine if the agreement provided a safety net of minimum wages and conditions, if it facilitated a productive workplace relationship, and if it ensured that employees were not worse off overall. Additionally, the FWC had to consider if any provisions in the agreement were contrary to public policy or had unintended consequences that could negatively impact the workforce.

In reaching its decision, the FWC examined the provisions of the proposed agreement and the submissions from both parties. The FWC acknowledged the need for a balanced approach that recognised the interests of both the employer and the employees. After thorough consideration, the FWC concluded that the Enterprise Agreement 2021, while not perfect, met the statutory requirements for approval. The FWC made several minor modifications to address specific concerns raised by the union, ensuring that employees were protected without unduly burdening the employer. The FWC ultimately approved the agreement, subject to the amendments made during the hearing.

The final orders of the FWC were that the Taylors Wines Enterprise Agreement 2021 be approved with the modifications made during the hearing. The FWC directed that the amended agreement be registered and enforceable as of the date of the decision. Both parties were required to comply with the terms of the approved agreement, which would now govern the employment conditions for the workers at Taylors Wines.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established