Treasury Wine Estates Vintners Limited

[2020] FWCA 2462

[2020] FWCA 2462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treasury Wine Estates Vintners Limited
(AG2020/1187)

TREASURY WINE ESTATES VINTNERS LIMITED - SOUTH EASTERN REGION VINEYARDS ENTERPRISE AGREEMENT 2019

Wine industry
COMMISSIONER PLATT	ADELAIDE, 12 MAY 2020

Application for approval of the Treasury Wine Estates Vintners Limited - South Eastern Region Vineyards Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Vintners Limited - South Eastern Region Vineyards Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Treasury Wine Estates Vintners Limited (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 May 2020.

[3] On 8 May 2020, my Chambers emailed the Applicant to seek clarification about aspects of the Agreement and I invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 11 May 2020. The undertaking deals with the following topics:

•  In relation to Appendix A, the wages for Apprentices table has been reformatted to align the stage of the apprenticeship to the correct wage.

•  In relation to clause 12.5 (Avoidance of Disputes Procedure), an employee is permitted to have a representative of their choice involved at all stages of the procedure.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not raise any issues with the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. The address of the witness is not detailed on the form F18 statutory declaration. In accordance with rule 6 of the Fair Work Commission Rules 2013 (the Rules), I consider it appropriate to dispense with the Rules and accept the signed declaration. In accordance with s.201(2) of the Act, I note that the Agreement covers the United Workers’ Union.

[9] The signature on the form F17 employer statutory declaration provided by the Applicant was not properly witnessed. In accordance with rule 6 of the Fair Work Commission Rules 2013 (the Rules), and with the Statement issued by the Fair Work Commission on 31 March 2020 relating to the COVID-19 response, I consider it appropriate to dispense with the Rules and accept the signed declaration.

[10] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508022  PR719275>