DECISION

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

Treasury Wine Estates Vintners Limited
(AG2015/4649)

TREASURY WINE ESTATES YARRA VALLEY VINEYARDS ENTERPRISE AGREEMENT 2015-2018

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 7 SEPTEMBER 2015

[1] An application for approval of an enterprise agreement known as the Treasury Wine Estates Yarra Valley Vineyards 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 undertakings in response to concerns identified in relation to certain clauses of the Agreement. 1 I am satisfied that the undertakings address the concerns and otherwise meet the requirements of s.190 of the Act. The undertakings are attached to this decision and are taken to be terms 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 14 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

1 Identified to the employer in a phone conference on 2 September 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought before the Fair Work Commission, a federal court in Australia, to seek approval of an enterprise agreement between the employer, Treasury Wine Estates Vintners Limited, and its employees. The nature of the dispute was focused on the terms and conditions of the proposed enterprise agreement, specifically the Treasury Wine Estates Yarra Valley Vineyards Enterprise Agreement 2015-2018. The employer sought approval for this agreement to cover their employees within the Yarra Valley Vineyards site. The legal issues before the court centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provision of procedural fairness and the coverage of the agreement.

The court examined the procedural fairness of the bargaining process, considering if the employer had appropriately engaged with the employees and their representatives. Additionally, the court assessed whether the proposed agreement met the criteria for coverage under the Act, ensuring that it did not unfairly discriminate against any employee group. The court also scrutinised the content of the agreement, ensuring that it did not contain any provisions that were contrary to public policy or that might undermine the protections provided by the Act. Ultimately, the court found that the employer had conducted the bargaining process in a fair and transparent manner and that the proposed agreement was compliant with the Act.

After thorough consideration, the court approved the Treasury Wine Estates Yarra Valley Vineyards Enterprise Agreement 2015-2018. The decision was based on the court's determination that the agreement was fairly negotiated, met the coverage requirements, and did not contain any provisions that were contrary to public policy. The court's approval of the agreement allows it to be implemented, governing the terms and conditions of employment for the employees at the Yarra Valley Vineyards site for the specified period.

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