Treasury Wine Estates Vintners Limited Summary

[2016] FWCA 1265

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Treasury Wine Estates Vintners Limited

(AG2016/2168)

TREASURY WINE ESTATES VINTNERS LIMITED KARADOC

ENTERPRISE AGREEMENT 2015

Wine industry

COMMISSIONER CIRKOVIC

PERTH, 26 FEBRUARY 2016

Application for approval of the Treasury Wine Estates Vintners Ltd - Karadoc Enterprise

Agreement 2015.

[1] On 21 January 2016, Treasury Wine Estates Vintners Limited (Applicant) made an

application for approval of the Treasury Wine Estates Vintners Ltd - Karadoc Enterprise

Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work

Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement. The Agreement was

lodged within 14 days after it was made.

[2] The Commission is 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 , the Australian Manufacturing Workers’ Union and

the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied

Services Union of Australia, being bargaining representatives for the Agreement, have given

notice under s.183 of the Act that they want to be covered by the Agreement. In accordance

with s.201(2), the Commission notes that the Agreement covers these organisations.

[4] The Agreement is approved. In accordance with s.54 of the Act the Agreement will

operate from 4 March 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Treasury Wine Estates Vintners Limited applied for approval of the Treasury Wine Estates Vintners Ltd - Karadoc Enterprise Agreement 2015 under section 185 of the Fair Work Act 2009. The Agreement was lodged within 14 days after it was made. The Australian Workers’ Union, the Australian Manufacturing Workers’ Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who are bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want to be covered by the Agreement. The Commission has determined that all relevant requirements of sections 186, 187, and 188 of the Act have been satisfied.

The central legal issue before the Commission was whether the Agreement met the statutory criteria for approval under the Fair Work Act 2009. The applicant had to demonstrate that the Agreement was a genuine single-enterprise agreement and that it was made in good faith. Additionally, the Commission needed to be satisfied that the Agreement met the procedural requirements outlined in the Act, including proper notice and consultation with the relevant bargaining representatives.

The Commission concluded that the Agreement met all the statutory criteria for approval. The Agreement was found to be a genuine single-enterprise agreement, and the procedural requirements were properly followed. The Commission noted that the Agreement was made in good faith and that the bargaining representatives had given notice that they wished to be covered by the Agreement. Given these findings, the Commission approved the Agreement under section 185 of the Act.

The Agreement will operate from 4 March 2016, and its nominal expiry date is 30 June 2018. The Commission's approval ensures that the Agreement is legally binding and enforceable, providing a framework for the terms and conditions of employment for the employees covered by the Agreement.

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