Treasury Wine Estates Vintners Limited

[2014] FWCA 6354

[2014] FWCA 6354

FAIR WORK COMMISSION

DECISION

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

Treasury Wine Estates Vintners Limited
(AG2014/8772)

TREASURY WINE ESTATES VINTNERS LIMITED - ROSEMOUNT ESTATE RYECROFT WINERY ENTERPRISE AGREEMENT 2014

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 11 SEPTEMBER 2014

Application for approval of the Treasury Wine Estates Vintners Limited - Rosemount Estate Ryecroft Winery Enterprise Agreement 2014

[1] An application for approval of an enterprise agreement known as the Treasury Wine Estates Vintners Limited - Rosemount Estate Ryecroft Winery Enterprise Agreement 2014 (the Agreement) has been made by Treasury Wines 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 an undertaking in relation to the dispute settling procedure in Clause 12 of the Agreement, to ensure that the procedure complies with the statutory requirements as to representation. 1 That undertaking is appended to the Agreement as Schedule A. In accordance with s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement.

[3] The consultation term in clause 7 of the Agreement does not comply with the statutory requirements as to representation. 2 In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement and has been appended to the Agreement as Schedule B.

[4] 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.

[5] United Voice, being a bargaining representative for the Agreement, 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.

[6] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 18 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

 1   Section 186(6)(b) of the Act

 2   Section 205(1)(b) of the Act

Printed by authority of the Commonwealth Government Printer

<Price code T, AE410078  PR555367>