Taylors Wines Pty Ltd T/A Taylors Wines Summary

[2024] FWCA 4444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Taylors Wines Pty Ltd T/A Taylors Wines

(AG2024/4130)

Wine industry
COMMISSIONER THORNTON	ADELAIDE, 12 DECEMBER 2024

Application for approval of the Taylors Wines Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Taylors Wines Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided and the National Employment Standards (NES) precedence clause in clause 6 of the Agreement, I am satisfied that the more beneficial entitlements in the Act will prevail where there is an inconsistency between the Agreement and the NES.

In accepting the employees covered by the Agreement will be better off overall, I have relied on the confirmation of the Applicant that piecework rates in schedule 1, clause 54 of the Agreement will be applied at the rates applicable in the Agreement. I have also relied on the Applicant confirming that the Agreement incorporates the Wine Industry Award 2020, the Manufacturing and Associated Industries Award 2020 and the Clerks – Private Sector Award 2020.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 19 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Taylors Wines Pty Ltd, trading as Taylors Wines, applied for the approval of a single-enterprise agreement under the Fair Work Act 2009. The proposed agreement, Taylors Wines Enterprise Agreement 2024, was put forward by the Applicant, Taylors Wines Pty Ltd. The United Workers' Union lodged a Form F18 statutory declaration to have the Agreement cover its members. The application was assessed by Commissioner Thornton, who considered the terms of the Agreement, the undertakings provided by the Applicant, and the precedence of the National Employment Standards.

The primary legal issues before the Commissioner were whether the Agreement met all necessary requirements for approval under the Act, whether the employees would be better off overall, and if the undertakings provided by the Applicant would not cause financial detriment to the employees or result in substantial changes to the Agreement. The Commissioner also considered whether the Agreement appropriately incorporated relevant awards and ensured the precedence of the NES.

After reviewing the application, the Commissioner concluded that all relevant requirements for approval under sections 186, 187, 188, and 190 of the Act had been met, subject to the undertakings provided by the Applicant. The Commissioner was satisfied that the employees would be better off overall, taking into account the NES precedence clause and the incorporation of various awards. The Commissioner noted that the Agreement covers the United Workers’ Union as per section 201(2) of the Act. Consequently, the Agreement was approved and will operate from 19 December 2024 until its nominal expiry date of 30 June 2027.

Taylors Wines Pty Ltd T/A Taylors Wines

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established