Treasury Wine Estates Vintners Limited

[2015] FWCA 209

[2015] FWCA 209

FAIR WORK COMMISSION

DECISION

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

Treasury Wine Estates Vintners Limited
(AG2014/10912)

TREASURY WINE ESTATES VINTNERS LIMITED - FLEURIEU AND TATIARA VINEYARDS ENTERPRISE AGREEMENT 2014

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 15 JANUARY 2015

Application for approval of the Treasury Wine Estates Vintners Limited - Fleurieu and Tatiara Vineyards Enterprise Agreement 2014

[1] An application for approval of an enterprise agreement known as the Treasury Wine Estates Vintners Limited - Fleurieu and Tatiara Vineyards Enterprise Agreement 2014 (the Agreement) has been made by Southcorp Wines Pty Ltd T/A 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 flexibility term in clause 27 of the Agreement does not meet the statutory requirements in s.203(6) of the Act and in accordance with s.202(4) of the Act the model flexibility term will be taken to be a term of the Agreement. Clause 11.5 of the Agreement provides that the model consultation term will apply and will be taken to be a term of the Agreement. The model flexibility term and the model consultation term will be appended to the Agreement at the conclusion of Section 1, as Schedule A and Schedule B respectively.

[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] United Voice has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers United Voice.

[5] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 22 January 2015. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

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