DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treasury Wine Estates Limited T/A Southcorp Wines Pty Limited
(AG2018/1778)

TREASURY WINE ESTATES BAROSSA WINERIES ENTERPRISE AGREEMENT 2017

Wine industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 JULY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Barossa Wineries 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 T/A Southcorp Wines Pty 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The United Voice 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 July 2018 and, in accordance with s.54, will operate from 13 July 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Treasury Wine Estates Limited, trading as Southcorp Wines Pty Limited, which sought approval for the Treasury Wine Estates Barossa Wineries Enterprise Agreement 2017. The application was made under the Fair Work Act 2009, aiming to secure approval for an enterprise agreement that would cover the employees working at the Barossa wineries. The dispute centred on whether the agreement complied with the statutory requirements for approval, including the provisions for fair and reasonable terms, as well as the procedural requirements for the application.

The primary legal issue the court needed to address was whether the proposed agreement met the criteria for approval under the Fair Work Act. This involved examining the fairness and reasonableness of the agreement's terms, as well as ensuring that the proper procedural steps had been followed in its creation and submission. The court also had to consider whether the agreement provided for the appropriate minimum entitlements for employees, and whether it adhered to the relevant industrial laws and regulations.

In its decision, the Fair Work Commission found that the Treasury Wine Estates Barossa Wineries Enterprise Agreement 2017 did indeed comply with the requirements of the Fair Work Act. The court was satisfied that the agreement was fair and reasonable, providing for appropriate terms and conditions of employment, and that it met the statutory minimum entitlements. The Commission noted that the agreement had been developed through a process of good faith bargaining and consultation with the employees, and that it had been properly presented for approval. Consequently, the Commission approved the application for the agreement, allowing it to come into effect as intended.

Treasury Wine Estates Limited T/A Southcorp Wines Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established