Treasury Wine Estates Limited Summary

[2014] FWCA 8360

FAIR WORK COMMISSION

DECISION

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

Treasury Wine Estates Limited
(AG2014/9898)

TREASURY WINE ESTATES WOLF BLASS VISITOR CENTRE ENTERPRISE AGREEMENT 2014-2017

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 24 NOVEMBER 2014

Application for approval of the Treasury Wine Estates Wolf Blass Visitor Centre Enterprise Agreement 2014 - 2017

[1] An application for approval of an enterprise agreement known as the Treasury Wine Estates Wolf Blass Visitor Centre Enterprise Agreement 2014-2017 (the Agreement) has been made by Treasury Wines Estates Limited (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for 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 Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 1 December 2014. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Treasury Wine Estates Limited, sought approval for the Treasury Wine Estates Wolf Blass Visitor Centre Enterprise Agreement 2014 - 2017 from the Fair Work Commission. The dispute concerned the terms and conditions of employment for certain employees at the Wolf Blass Visitor Centre. The Fair Work Commission, led by Commissioner J Grice, was tasked with assessing the agreement to determine its compliance with the Fair Work Act 2009 and other relevant legislative frameworks.

The court was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it was made in good faith, whether it was a single, indivisible agreement, and whether it contained the minimum terms prescribed by law. Additionally, the court had to consider whether the agreement was in the best interests of the employees and if it provided for fair and reasonable terms and conditions of employment.

The court examined the submissions made by both parties and considered the evidence presented. The applicant argued that the agreement was fair and reasonable and was made in good faith. The applicant also submitted that the agreement contained the minimum terms prescribed by law and was in the best interests of the employees. The court found that the agreement met the statutory requirements and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave entitlements, and other employment conditions. The court approved the agreement, finding that it complied with the Fair Work Act 2009 and other relevant legislative frameworks.

The final orders of the court included the approval of the Treasury Wine Estates Wolf Blass Visitor Centre Enterprise Agreement 2014 - 2017, effective from 1 July 2014 until 30 June 2017. The court's decision provided certainty and clarity for both the applicant and the employees, ensuring that the agreement met the necessary legal requirements and provided fair and reasonable terms and conditions of employment.

Treasury Wine Estates Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established