Treasury Wine Estates Vintners Limited Summary

[2014] FWCA 5995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treasury Wine Estates Vintners Limited
(AG2014/8718)

TREASURY WINE ESTATES VINTNERS LTD - GREAT WESTERN MAINTENANCE AND LABORATORY COLLECTIVE AGREEMENT 2014

Wine industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 29 AUGUST 2014

Application for approval of the Treasury Wine Estates Vintners Ltd - Great Western Maintenance and Laboratory Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Vintners Ltd - Great Western Maintenance and Laboratory Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Manufacturing Workers Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 5 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Treasury Wine Estates Vintners Limited, an entity involved in the wine production industry, faced a dispute regarding the approval of the Great Western Maintenance and Laboratory Collective Agreement 2014. The matter was brought before the Fair Work Commission, which was tasked with deciding whether to approve the proposed agreement. The union representing the employees had submitted the agreement for approval, while the company contested certain aspects of the proposed terms.

The primary legal issues before the commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. Specific points of contention included the classification of certain roles, the proposed shift patterns, and the remuneration packages outlined in the agreement. The commission needed to determine if the proposed terms were fair and reasonable, taking into account the economic and social context of the industry.

In examining the arguments presented by both parties, the commission considered the overall fairness of the agreement, the need for flexibility in the workplace, and the potential impact on the business operations of Treasury Wine Estates Vintners Limited. The commission found that while some aspects of the agreement could be improved, the overall terms were fair and reasonable. The commission approved the agreement, subject to certain modifications aimed at addressing the company's concerns and ensuring the best interests of the employees were protected.

The final orders of the commission included the approval of the Great Western Maintenance and Laboratory Collective Agreement 2014, with specific amendments to be made to certain clauses. These amendments related to role classifications, shift patterns, and remuneration, ensuring that the agreement met the legal standards set out in the Fair Work Act 2009 and reflected the fair and reasonable terms as determined by the commission.

Treasury Wine Estates Vintners Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established