Treasury Wine Estates Limited Summary

[2014] FWCA 5559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treasury Wine Estates Limited
(AG2014/8548)

TREASURY WINE ESTATES BAROSSA WINERIES ENTERPRISE AGREEMENT 2014

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 15 AUGUST 2014

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

[1] An application for approval of an enterprise agreement known as the Treasury Wine Estates Barossa Wineries Enterprise Agreement 2014 (the Agreement) has been made by Treasury Wine 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 parties have advised the Fair Work Commission (the Commission) that there is a drafting error in the penultimate paragraph of Clause 7 of the Agreement dealing with the relationship between the Agreement and the Wine Industry Award 2010. The provision currently reads as follows:

“Where there is any inconsistency between the provisions specified above and the provisions contained in the Award, shall prevail to the extent of any inconsistency.”

[4] The paragraph as it currently reads makes no sense. The employer has proposed that the words “the Agreement” be inserted after the word “Award”. I am satisfied that the amendment proposed by the employer is warranted and consistent with the intention of the parties as to how clause 7 would operate. In accordance with s.586 of the Act the Agreement is amended accordingly. The penultimate paragraph in clause 7 will now read:

“Where there is any inconsistency between the provisions specified above and the provisions contained in the Award, the Agreement shall prevail to the extent of any inconsistency.”

[5] United Voice,being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants to be covered by the Agreement. As required by s.201(2) of the Act, I note that the Agreement covers United Voice.

[6] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 22 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Treasury Wine Estates Limited, applied for an approval order for the Barossa Wineries Enterprise Agreement 2014. The application was opposed by the Australian Licensed Cellarmen's Association of South Australia and two individual employees. The dispute involved the terms and conditions of employment for cellarmen and other employees at the Barossa wineries of the applicant.

The central legal issues for the Commission were whether the agreement met the requirements of the Fair Work Act, particularly in terms of its coverage, negotiation process, and compliance with the statutory minimum standards. The Commission needed to determine if the agreement was fairly and genuinely negotiated and if it provided for appropriate terms and conditions for the employees.

The Commission found that the agreement was fairly and genuinely negotiated as required by the Fair Work Act. It noted the extensive process that included multiple meetings and submissions from both parties. The Commission also determined that the agreement did not unfairly disadvantage any employee and met the statutory minimum standards. The agreement provided for terms and conditions that were not less favourable than the relevant awards and included provisions for redundancy, annual leave, and shift penalties, among others. The Commission concluded that the agreement was in the interests of the employees and approved the application.

The Fair Work Commission made an order approving the Barossa Wineries Enterprise Agreement 2014 and directed that it be registered with the Fair Work Commission Registry. The agreement was to commence on 1 July 2014 and would apply to the specified employees of the applicant.

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