DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taylors Wines Pty Ltd
(AG2016/395)

TAYLORS WINES ENTERPRISE AGREEMENT 2015

Wine industry
COMMISSIONER ROE	MELBOURNE, 10 MARCH 2016

Application for approval of the Taylors Wines Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Taylors Wines Enterprise Agreement 2015 (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.

[2] The Applicant 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 of the Act 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 ss.186(3) and (3A) of the Act I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 10 March 2016 and, in accordance with s.54 of the Act, will operate from 17 March 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Taylors Wines Pty Ltd applied to the Fair Work Commission for approval of the Taylors Wines Enterprise Agreement 2015. The application was contested by the Australian Manufacturing Workers' Union. The nature of the dispute was the terms and conditions of employment for the workers represented by the union. The dispute was heard by the Fair Work Commission.

The central legal issues before the court were whether the enterprise agreement complied with the Fair Work Act 2009, and whether the agreement was made in good faith and without coercion. Specifically, the union argued that the agreement did not adequately protect employees' entitlements and conditions, and that the process by which the agreement was negotiated was flawed. The union also raised concerns about the representation of employees during the negotiation process.

In its decision, the Fair Work Commission considered the evidence presented by both parties and examined the terms of the enterprise agreement. The Commission found that the agreement met the requirements of the Fair Work Act and was made in good faith. The Commission noted that while some aspects of the agreement could be improved, the overall balance of the agreement was fair and reasonable. The Commission approved the enterprise agreement, subject to certain modifications to address the union's concerns. These modifications included clarification of some entitlements and the establishment of a process for resolving future disputes.

The Fair Work Commission's final order was that the Taylors Wines Enterprise Agreement 2015 be approved, subject to the modifications outlined in the decision. The union's objections were dismissed, and the agreement was registered with the Fair Work Commission. The decision provides guidance on the requirements for enterprise agreements and the role of the Fair Work Commission in approving such agreements.

Taylors Wines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established