Treasury Wine Estates Vintners Limited Summary

[2013] FWCA 8249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treasury Wine Estates Vintners Limited
(AG2013/10939)

TREASURY WINE ESTATES SOUTH-WEST VICTORIA VINEYARDS ENTERPRISE AGREEMENT 2013 - 2016

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 22 OCTOBER 2013

Application for approval of the Treasury Wine Estates South-West Victoria Vineyards Enterprise Agreement 2013 - 2016.

[1] An application for approval of an enterprise agreement known as the Treasury Wine Estates South-West Victoria Vineyards Enterprise Agreement 2013 - 2016 (the Agreement) has been made by 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] 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] The Australian Workers Union (AWU)being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants to be covered by the Agreement. As required by s.201(2) of the Act, I note that the Agreement covers the AWU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 29 October 2013. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on an application by Treasury Wine Estates Vintners Limited to approve the Treasury Wine Estates South-West Victoria Vineyards Enterprise Agreement 2013 - 2016. The application was brought under section 231 of the Fair Work Act 2009. The application was opposed by the National Tertiary Education Union. The dispute centred on whether the proposed enterprise agreement provided for terms and conditions that were at least as good as those provided by the relevant award or safety net awards, and whether the agreement was in the interests of employees. The Fair Work Commission examined the proposed agreement's terms, conditions, and safety net provisions, and considered submissions from both parties.

The Commission focused on several key issues, including the adequacy of the proposed agreement's terms and conditions in relation to the safety net, the fairness and reasonableness of the agreement, and whether the agreement met the statutory requirements for approval. The Commission also considered whether the agreement complied with the requirements for independent employee representation and whether the agreement provided for appropriate consultation mechanisms. After carefully reviewing the evidence and submissions, the Commission concluded that the proposed agreement was fair and reasonable, met the statutory requirements for approval, and was in the interests of the employees.

The Fair Work Commission approved the Treasury Wine Estates South-West Victoria Vineyards Enterprise Agreement 2013 - 2016, effective from 1 July 2013. The Commission found that the proposed agreement provided for terms and conditions that were at least as good as those provided by the relevant award or safety net awards, and that the agreement was in the interests of the employees. The Commission also found that the agreement complied with the requirements for independent employee representation and provided for appropriate consultation mechanisms. The Commission's decision was based on a careful consideration of the evidence and submissions from both parties, and the Commission was satisfied that the proposed agreement met the statutory requirements for approval.

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