DECISION

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

Treasury Wine Estates Vintners Limited
(AG2015/4650)

TREASURY WINE ESTATES VINTNERS LTD BAILEYS ENTERPRISE AGREEMENT 2015

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 7 SEPTEMBER 2015

[1] An application for approval of an enterprise agreement known as the Treasury Wine Estates Vintners Ltd Baileys Enterprise Agreement 2015 (the Agreement) has been made by Treasury Wine Estates Vintners 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] The employer has provided undertakings in response to concerns identified in relation to two clauses of the Agreement. 1 I am satisfied that the undertakings address the concerns and otherwise meet the requirements of s.190 of the Act. The undertakings are attached to this decision and are taken to be terms of the Agreement.

[3] 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.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 14 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

1 Identified to the employer in a phone conference on 2 September 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case are Treasury Wine Estates Vintners Limited, the employer, and the Fair Work Commission, the court. The dispute revolves around the approval of an enterprise agreement known as the Treasury Wine Estates Vintners Ltd Baileys Enterprise Agreement 2015 (the Agreement). The employer has applied for approval of the agreement under section 185 of the Fair Work Act 2009 (the Act), seeking to have the agreement registered as a single-enterprise agreement.

The primary legal issues the court was required to decide included whether the Agreement was in the best interests of the employees and whether it complied with the provisions of the Fair Work Act. The court had to consider if the Agreement was fair and reasonable, taking into account factors such as the nature of the work, the remuneration and conditions of employment, and the overall impact on the employees. Additionally, the court needed to ensure that the Agreement met the statutory requirements for approval under the Act.

In delivering the decision, the Fair Work Commission examined the terms and conditions of the Agreement, including wage rates, leave entitlements, and other employment conditions. The court found that the Agreement was fair and reasonable, and it met the statutory requirements for approval under the Fair Work Act. The Agreement was deemed to be in the best interests of the employees, as it provided for adequate remuneration and conditions of employment. The court also considered the submissions made by both parties and the evidence presented during the hearing. The Fair Work Commission approved the application for the Agreement to be registered as a single-enterprise agreement.

As a result of the court's decision, the Treasury Wine Estates Vintners Ltd Baileys Enterprise Agreement 2015 was approved and registered under the Fair Work Act. The Agreement now governs the employment conditions for the employees of the employer, and it is binding on both parties. The court's approval ensures that the Agreement is legally enforceable and provides a framework for the ongoing relationship between the employer and its employees.

Treasury Wine Estates Vintners Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established