Taylors Wines Pty Ltd Summary

[2018] FWCA 7690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Taylors Wines Pty Ltd

(AG2018/5122)

TAYLORS WINES ENTERPRISE AGREEMENT 2018

Wine industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 DECEMBER 2018

Application for approval of the Taylors Wines Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Taylors Wines Enterprise Agreement 2018 (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.

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.

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.

The Agreement was approved on 19 December 2018 and, in accordance with s.54, will operate from 26 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Taylors Wines Pty Ltd, sought approval of the Taylors Wines Enterprise Agreement 2018 from the Fair Work Commission. The dispute centred on the terms and conditions of employment for the company's employees, specifically those related to penalty rates, annual leave, and shift differentials. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements set out in the Fair Work Act. The Commission had to assess the balance of the agreement, considering the interests of both the employees and the employer, and ensure that the agreement was not contrary to public policy or the spirit of the Act.

The Commission found that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. It concluded that the agreement provided for adequate penalty rates, annual leave entitlements, and shift differentials. The Commission also determined that the agreement was procedurally valid, having been made in good faith and without coercion. Based on these findings, the Commission approved the Taylors Wines Enterprise Agreement 2018.

The Fair Work Commission approved the Taylors Wines Enterprise Agreement 2018, finding it to be fair and reasonable, and compliant with the Fair Work Act. The decision underscores the importance of balancing the interests of employees and employers in enterprise agreements and ensuring compliance with legal and procedural requirements.

Taylors Wines Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established