DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treasury Wine Estates Vintners Limited
(AG2016/6666)

TREASURY WINE ESTATES SOUTH-WEST VICTORIA VINEYARDS ENTERPRISE AGREEMENT, 2016 - 2019

Wine industry
COMMISSIONER ROE	MELBOURNE, 15 NOVEMBER 2016

Application for approval of the Treasury Wine Estates South-West Victoria Vineyards Enterprise Agreement, 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates South-West Victoria Vineyards Enterprise Agreement, 2016 - 2019 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 November 2016 and, in accordance with s.54, will operate from 22 November 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Treasury Wine Estates Vintners Limited for approval of the Treasury Wine Estates South-West Victoria Vineyards Enterprise Agreement, 2016-2019. The dispute centred around the proposed terms and conditions of employment for employees working within the South-West Victoria vineyards of the company. The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The primary legal issues that the court needed to address included whether the proposed enterprise agreement was in compliance with the Fair Work Act 2009, and whether it met the "better off overall test" (BOOT) as required by the Fair Work Act. The "better off overall test" requires that employees be no worse off financially and at least one employee must be better off financially under the new agreement compared to their previous conditions. The court also needed to consider whether the agreement was made in good faith and if it met the requirements for a "simple agreement".

The court examined the proposed agreement in detail and assessed its compliance with the statutory requirements. It found that the agreement was made in good faith and contained terms that were procedurally fair. The court determined that the agreement satisfied the "better off overall test" as at least one employee was better off financially, and no employee was worse off financially. The court concluded that the agreement was a "simple agreement" as it contained only the essential terms and conditions of employment and did not include any complex or contentious provisions.

As a result of this decision, the Fair Work Commission approved the Treasury Wine Estates South-West Victoria Vineyards Enterprise Agreement, 2016-2019. The agreement came into effect on 1 July 2016 and was set to expire on 30 June 2019. The approval of the agreement ensures that the employees within the South-West Victoria vineyards of Treasury Wine Estates Vintners Limited will be covered by the new terms and conditions of employment as outlined in the approved enterprise agreement.

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