DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treasury Wine Estates Vintners Limited
(AG2016/6198)

TREASURY WINE ESTATES BAROOGA VINEYARD ENTERPRISE AGREEMENT 2016 - 2018

Wine industry
COMMISSIONER ROE	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the Treasury Wine Estates Barooga Vineyard Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Barooga Vineyard Enterprise Agreement 2016 - 2018 (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 Agreement was approved on 14 November 2016 and, in accordance with s.54, will operate from 21 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Treasury Wine Estates Vintners Limited to have the Treasury Wine Estates Barooga Vineyard Enterprise Agreement 2016 - 2018 approved. The application was made pursuant to section 231 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the workers covered by the agreement, as well as the procedural fairness of the process by which the agreement was negotiated and finalised. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval and whether it was fair and reasonable in all its aspects.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the legal prerequisites, including procedural fairness, and whether the terms of the agreement were fair and reasonable. Specifically, the Commission needed to assess if the agreement was made genuinely and voluntarily, without any form of coercion or undue influence, and whether it contained all the necessary provisions as required by the Fair Work Act. Additionally, the Commission had to consider whether the agreement was consistent with the principles of procedural fairness, ensuring that all parties had an opportunity to be heard and to understand the implications of the agreement.

In making its decision, the Commission examined the evidence provided by both parties, focusing on the negotiation process and the content of the agreement. The Commission found that the agreement had been negotiated in good faith and that the process was fair and transparent. It was also determined that the agreement contained all the necessary provisions as stipulated by the Fair Work Act and that the terms were fair and reasonable. The Commission concluded that the application should be approved, as the agreement met all the legal requirements and was consistent with the principles of procedural fairness.

Accordingly, the Fair Work Commission approved the Treasury Wine Estates Barooga Vineyard Enterprise Agreement 2016 - 2018. The decision was based on the evidence that the agreement was genuinely negotiated and contained all the necessary terms, and that the process was fair and transparent. The approval of the agreement ensures that the terms and conditions of employment for the workers are legally recognised and enforceable.

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