The Vines (WA) Pty Ltd

[2013] FWCA 2088

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Vines (WA) Pty Ltd
(AG2013/4212)

THE VINES (WA) PTY LTD OUTSIDE STAFF ENTERPRISE AGREEMENT 2012

Hospitality industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 APRIL 2013

Application for approval of The Vines (WA) Pty Ltd Outside Staff Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as The Vines (WA) Pty Ltd Outside Staff Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] The Australian Workers’ Union, 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 1 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Vines (WA) Pty Ltd sought approval for an enterprise agreement with the Fair Work Commission (FWC). The applicant is an employer and the respondent is the Australian Council of Trade Unions (ACTU), acting on behalf of the employees. The dispute was about whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. The FWC heard the application and had to determine if the agreement was fair and reasonable, and if it complied with the relevant provisions of the Act.

The legal issues before the FWC were whether the proposed agreement was genuinely an enterprise agreement and whether it complied with the requirements of the Fair Work Act. The FWC had to consider if the agreement was made in good faith, if it contained the minimum terms and conditions required by law, and if it was made without inappropriate coercion, harassment, or bullying. The applicant argued that the agreement was fair and reasonable and complied with the relevant provisions of the Act. The respondent, on the other hand, argued that the agreement did not comply with the Act and that it was not genuinely an enterprise agreement.

The FWC found that the agreement was genuinely an enterprise agreement and was made in good faith. The FWC also found that the agreement complied with the minimum terms and conditions required by law and did not contain any terms that were contrary to public policy. The FWC rejected the respondent's argument that the agreement did not comply with the Act and was not genuinely an enterprise agreement. The FWC approved the application for registration of the proposed agreement.

The FWC approved the application and registered the proposed enterprise agreement. The agreement was to apply to the employees of The Vines (WA) Pty Ltd and was to commence on 1 July 2012. The FWC made an order approving the application and registering the proposed enterprise agreement. The order was to be published in the Commonwealth Gazette and the FWC's website. The applicant was required to give a copy of the approved agreement to the respondent and to display a copy of the agreement in a prominent place at each workplace covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established