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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Treasury Wine Estates Vintners Limited, the applicant, sought approval of the Enterprise Agreement 2014 for the Fleurieu and Tatiara Vineyards. The applicant is an employer engaged in the wine production industry, and the dispute arose from negotiations with employees over terms and conditions of employment. The Fair Work Commission heard the matter, tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009. The court was required to examine whether the agreement contained all the required terms, whether it was free from any unfair content, and whether it was made in good faith.

The legal issues before the court involved assessing the compliance of the proposed enterprise agreement with legislative requirements. The court needed to determine whether the agreement satisfied the mandatory inclusions stipulated by the Fair Work Act, such as provisions on minimum rates of pay, maximum weekly hours, and other employment conditions. Additionally, the court had to scrutinise the agreement to ensure it did not contain any terms that would be deemed unfair under the Act. The fairness test encompassed considerations of the balance of rights and obligations, procedural fairness in the negotiation process, and whether the agreement allowed for effective representation of the employees' interests.

Upon reviewing the agreement, the Fair Work Commission found that it met all statutory requirements and contained no unfair provisions. The court noted that the agreement was negotiated in good faith and included all mandatory terms as required by the Fair Work Act. The commission also observed that the negotiation process was procedurally fair and that the agreement provided for effective employee representation. Consequently, the court approved the enterprise agreement, confirming its compliance with all legislative standards and its fairness in terms of the balance of rights and obligations between the employer and employees.

The final order of the Fair Work Commission was the approval of the Treasury Wine Estates Vintners Limited - Fleurieu and Tatiara Vineyards Enterprise Agreement 2014. The agreement was deemed to be compliant with the Fair Work Act and free from any unfair content. The court's decision provided legal certainty for both the employer and the employees, ensuring that the terms and conditions of employment were governed by an approved enterprise agreement.

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