Treasury Wine Estates Limited

[2014] FWCA 5536

FAIR WORK COMMISSION

DECISION

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

Treasury Wine Estates Limited
(AG2014/8527)

TREASURY WINE ESTATES BAROSSA WINERIES MAINTENANCE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 15 AUGUST 2014

Application for approval of the Treasury Wine Estates Barossa Wineries Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Barossa Wineries Maintenance Enterprise Agreement 2014 (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] 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 (AWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative 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) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Treasury Wine Estates Limited involves an application for the approval of the Treasury Wine Estates Barossa Wineries Maintenance Enterprise Agreement 2014. The applicant, Treasury Wine Estates Limited, sought to have this agreement approved by the Fair Work Commission, which would allow it to be binding on its employees. The nature of the dispute was primarily about whether the agreement met the necessary legal standards for approval under Australian industrial relations law.

The legal issues before the court encompassed several key elements. Central to the application was whether the agreement complied with the procedural requirements of the Fair Work Act 2009. Additionally, the court needed to determine if the agreement had been genuinely negotiated, as required by the Act. The court also had to assess whether the agreement was in the best interests of the employees, considering factors such as wages, conditions, and dispute resolution mechanisms.

The Fair Work Commission, after thorough examination, found that the agreement had been procedurally valid and genuinely negotiated. It was satisfied that the agreement was fair and reasonable in the circumstances, taking into account the need for flexibility in the wine industry. The Commission concluded that the agreement was in the best interests of the employees, as it provided for fair wages, reasonable working conditions, and effective dispute resolution processes. Based on these findings, the Commission approved the agreement, enabling it to take effect as a legally binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established