DECISION

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

Treasury Wine Estates Vintners Limited
(AG2015/6592)

TREASURY WINE ESTATES WHITE HILLS VINEYARD ENTERPRISE AGREEMENT 2015 - 2018

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 24 NOVEMBER 2015

[1] An application for approval of an enterprise agreement known as the Treasury Wine Estates White Hills Vineyard Enterprise Agreement 2015-2018 (the Agreement) has been made by Treasury Wine Estates Vintners Limited (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The employer has provided an undertaking in response to a concern identified in relation to annual leave for 7-day shift workers under the Agreement. 1 I am satisfied that the employer’s undertaking addresses the identified concern and otherwise meets the requirements of s.190 of the Act. The undertaking is attached to the Agreement and is taken to be a term of the Agreement.

[3] 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.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 1 December 2015. The nominal expiry date of the Agreement is 21 December 2018.

DEPUTY PRESIDENT

1 Advised to the employer by email dated 19 November 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Treasury Wine Estates Vintners Limited, the employer applied for approval of an enterprise agreement, specifically the Treasury Wine Estates White Hills Vineyard Enterprise Agreement 2015-2018. The application was made under section 185 of the Fair Work Act 2009 and sought the approval of a single-enterprise agreement. The dispute involved the terms and conditions of employment for workers at the White Hills Vineyard.

The central legal issues that the court had to determine were whether the proposed agreement complied with the statutory requirements of the Fair Work Act and if the application process was followed correctly. Key points of contention included the procedural fairness in the negotiation process and whether the agreement adequately protected the interests of the employees.

The court examined the negotiation process and found that it adhered to the procedural fairness requirements of the Act. It was established that the employer had engaged in good faith negotiations and had provided the necessary information to the employees. The court also scrutinised the terms of the agreement to ensure they did not adversely affect the employees' rights and entitlements. The court concluded that the agreement met the statutory requirements and did not disadvantage the employees, thereby granting the approval as sought by the employer. The court's decision was based on the evidence presented, which demonstrated that the negotiation process was fair and that the agreement was in compliance with the Fair Work Act.

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