Treasury Wine Estates Vintners Limited Summary

[2014] FWCA 7054

FAIR WORK COMMISSION

DECISION

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

Treasury Wine Estates Vintners Limited
(AG2014/9221)

TREASURY WINE ESTATES CENTRAL SA REGION VINEYARDS ENTERPRISE AGREEMENT 2014-2017

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 8 OCTOBER 2014

[1] An application for approval of an enterprise agreement known as the Treasury Wine Estates Central SA Region Vineyards Enterprise Agreement 2014-2017 (the Agreement) has been made by Treasury Wines Estates Vintners Ltd (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] 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.

[3] United Voice and the Australian Workers’ Union (the AWU), being bargaining representatives for the Agreement, has each 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 and the AWU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 15 October 2014. 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 this case, Treasury Wine Estates Vintners Ltd, the employer, applied for approval of an enterprise agreement under section 185 of the Fair Work Act 2009. The application was for the Treasury Wine Estates Central SA Region Vineyards Enterprise Agreement 2014-2017. This agreement was intended to cover a single enterprise within the company's operations. The legal issues that the court had to address involved ensuring that the agreement complied with the provisions of the Fair Work Act 2009 and that it met the necessary requirements for approval.

The court examined whether the application for approval was made in accordance with the relevant sections of the Act and whether the agreement itself adhered to the statutory requirements for enterprise agreements. Key considerations included whether the agreement contained the necessary minimum terms and conditions, whether it had been subject to the requisite bargaining processes, and whether it provided for appropriate dispute resolution mechanisms. The court also needed to assess if the agreement was free from any provisions that might be considered contrary to public policy or outside the scope of permissible terms.

Upon reviewing the application and the agreement, the court found that the application was properly made and that the agreement was in compliance with the requirements of the Act. The court determined that the agreement provided for the minimum terms and conditions, had been appropriately bargained, and included suitable dispute resolution processes. Consequently, the court approved the application for the agreement's registration, ensuring that it would be legally binding between the employer and the relevant employees.

The final order of the court was to approve the Treasury Wine Estates Central SA Region Vineyards Enterprise Agreement 2014-2017 and register it under the Fair Work Act 2009. This decision meant that the agreement would come into effect as a legally binding enterprise agreement between Treasury Wine Estates Vintners Ltd and the relevant employees.

Treasury Wine Estates Vintners Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established