DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treasury Wine Estates Vintners Limited
(AG2017/4475)

TREASURY WINE ESTATES WOLF BLASS ENTERPRISE AGREEMENT 2017-2020

Wine industry
COMMISSIONER MCKINNON	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the Treasury Wine Estates Wolf Blass Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Wolf Blass Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Treasury Wine Estates Vintners Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union (AWU) and United Voice (UV) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2017. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Treasury Wine Estates Vintners Limited and its employees, who are represented by the Liquor, Hospitality and Miscellaneous Workers' Union. The dispute centred around the approval of the Treasury Wine Estates Wolf Blass Enterprise Agreement 2017 - 2020. The matter was heard by the Fair Work Commission. The legal issues that the court had to decide included whether the agreement provided fair and reasonable terms for the employees, whether it complied with the Fair Work Act 2009, and whether it met the requirements of the Fair Work (Registered Organisations) Act 2009.

The court examined the arguments presented by both parties and considered the principles of fairness and reasonableness in the context of enterprise agreements. It assessed the agreement's provisions on wages, working conditions, and other employment terms, ensuring they aligned with the statutory requirements and did not disadvantage any party. The court also considered the views and submissions of the employees and the union, as well as the employer's justifications for the proposed terms. After careful deliberation, the court found that the agreement met the necessary criteria and approved it, recognising its fair and reasonable nature.

In light of the court's decision, the Treasury Wine Estates Wolf Blass Enterprise Agreement 2017 - 2020 was approved and implemented as per the terms outlined in the agreement. The court's decision provided clarity on the legal requirements for enterprise agreements and reinforced the importance of fairness and reasonableness in the employment relationship. The final orders included the approval of the enterprise agreement, which would now govern the terms and conditions of employment for the employees involved.

Treasury Wine Estates Vintners Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established