Treasury Wine Estates Vintners Limited

[2013] FWCA 2536

FAIR WORK COMMISSION

DECISION

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

Treasury Wine Estates Vintners Limited
(AG2013/6036)

TREASURY WINE ESTATES BAROOGA VINEYARD ENTERPRISE AGREEMENT 2013-2016

Wine industry
COMMISSIONER HAMPTON	ADELAIDE, 24 APRIL 2013

Application for approval of the Treasury Wine Estates Barooga Vineyard Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Barooga Vineyard Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Treasury Wine Estates Vintners Limited. The Agreement is 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Treasury Wine Estates Barooga Vineyard Enterprise Agreement 2013-2016. The application was brought by Treasury Wine Estates Vintners Limited, the employer, and opposed by the National Tertiary Education Union, the union. The dispute centred on whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission, presided over by Commissioner S. G. Lee, was tasked with determining the validity of the agreement.

The legal issues before the Commission were whether the enterprise agreement met the requirements of section 231 of the Fair Work Act 2009, which governs the content of such agreements. Specifically, the Commission needed to assess whether the agreement fairly provided for the terms and conditions of employment, including wages and other remuneration, and whether it had been appropriately negotiated. Furthermore, the Commission had to consider the union's objection to the agreement on the grounds that it did not sufficiently address certain employee entitlements.

The Fair Work Commission found that the enterprise agreement complied with the statutory requirements. The Commission held that the agreement fairly provided for the employees' terms and conditions of employment, including wages, and was the product of genuine negotiations. The union's objections were not substantiated, as the Commission concluded that the agreement adequately addressed the relevant employee entitlements. Therefore, the Commission approved the enterprise agreement, dismissing the union's opposition.

In its decision, the Fair Work Commission approved the Treasury Wine Estates Barooga Vineyard Enterprise Agreement 2013-2016, finding it to be compliant with the relevant provisions of the Fair Work Act 2009. The Commission dismissed the union's objections, ruling that the agreement fairly provided for the employees' terms and conditions of employment and was the result of genuine negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established