Taylors Wines Pty Ltd

[2013] FWCA 1067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Taylors Wines Pty Ltd
(AG2013/222)

TAYLORS WINES ENTERPRISE AGREEMENT 2012

Wine industry
COMMISSIONER HAMPTON	ADELAIDE, 14 FEBRUARY 2013

Application for approval of the Taylors Wines Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Taylors Wines Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Taylors Wines Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Taylors Wines Pty Ltd was the applicant before the Fair Work Commission seeking approval of the Taylors Wines Enterprise Agreement 2012. The applicant sought to have the agreement approved as a simple or certified agreement under the Fair Work Act 2009, given the dispute related to the terms and conditions of employment for its employees. The dispute centred around the classification of employees within the enterprise, the applicability of certain award conditions, and the dispute resolution process outlined in the agreement.

The primary legal issues before the commission involved determining whether the agreement contained all the required terms as stipulated by the Fair Work Act, and whether the agreement was made in good faith and without coercion. Additionally, the commission had to consider if the agreement provided for the appropriate balance of rights and obligations between the parties and whether it was consistent with the Fair Work Act's objectives.

The commission examined the proposed agreement in detail, focusing on its provisions concerning employee classification, award applicability, and dispute resolution. The commission found that the agreement adequately addressed these issues and included all necessary terms. It was also satisfied that the agreement was made in good faith and without coercion, and that it balanced the rights and obligations of the parties appropriately. Given these findings, the commission approved the agreement as a simple or certified agreement, subject to the conditions and modifications outlined in the decision.

The Fair Work Commission approved the Taylors Wines Enterprise Agreement 2012 as a simple or certified agreement. This decision was made under the authority of the Fair Work Act 2009 and is effective from the date of the decision. The approval is subject to the modifications and conditions set out in the commission's decision, ensuring compliance with the legislative framework and the protection of employee rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established