DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treasury Wine Estates Limited
(AG2017/4226)

TREASURY WINE ESTATES BAROSSA WINERIES MAINTENANCE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Treasury Wine Estates Barossa Wineries Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Barossa Wineries Maintenance Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Treasury Wine Estates Limited. 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 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 19 December 2017 and, in accordance with s.54, will operate from 26 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Treasury Wine Estates Barossa Wineries Maintenance Enterprise Agreement 2017. Treasury Wine Estates Limited, the respondent, sought approval of the agreement from the applicant, the Australian Manufacturing Workers' Union. The agreement was intended to govern the employment conditions of certain maintenance employees at the Barossa Wineries. The dispute centred around the procedural fairness of the negotiation process and the merits of the agreement itself.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it complied with the relevant provisions of the Fair Work Act 2009. The applicant argued that the negotiation process was not fair and that the agreement did not adequately represent the interests of the employees. The Commission had to consider the evidence presented regarding the negotiation process and the provisions of the agreement to determine if it met the statutory requirements for approval.

In its decision, the Commission examined the evidence and submissions from both parties. The Commission found that while there were some procedural issues during the negotiation process, the overall process was genuinely aimed at reaching an agreement. The Commission also considered the provisions of the agreement and concluded that it met the statutory requirements for approval. The Commission found that the agreement provided for reasonable terms and conditions of employment and was in the best interests of the employees. As a result, the Commission approved the agreement, finding it to be a lawful and genuine enterprise agreement.

The Fair Work Commission approved the Treasury Wine Estates Barossa Wineries Maintenance Enterprise Agreement 2017, determining it to be a genuine and lawful enterprise agreement. The Commission's decision recognised that while there were some procedural issues during the negotiation process, the overall process was genuinely aimed at reaching an agreement. The Commission also found that the agreement met the statutory requirements for approval and provided for reasonable terms and conditions of employment.

Treasury Wine Estates Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established