Treasury Wine Estates Vintners Limited T/A Treasury Wine Estates Summary

[2025] FWCA 439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Treasury Wine Estates Vintners Limited T/A Treasury Wine Estates

(AG2024/5154)

TREASURY WINE ESTATES EASTERN AUSTRALIA VINEYARDS ENTERPRISE AGREEMENT 2024 - 2027

Wine industry
COMMISSIONER YILMAZ	MELBOURNE, 4 FEBRUARY 2025

Application for approval of the Treasury Wine Estates Eastern Australia Vineyards Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Eastern Australia Vineyards Enterprise Agreement 2024 - 2027 (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 T/A Treasury Wine Estates. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and in accordance with s.54, will operate from the pay period commencing 17 February 2025. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Treasury Wine Estates Vintners Limited, trading as Treasury Wine Estates, applied for the approval of the Treasury Wine Estates Eastern Australia Vineyards Enterprise Agreement 2024-2027. The application was made under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the employees of the company within the specified enterprise.

The primary legal issues the court had to address were whether the agreement met the requirements of the Fair Work Act and if it provided a fair and reasonable outcome for both the employer and the employees. This involved assessing the agreement against the criteria for approval set out in the legislation, including whether it provided for the minimum terms and conditions as stipulated by the relevant industrial instrument, whether it facilitated flexibility and productivity, and whether it was likely to achieve industrial harmony.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was fair and reasonable. The agreement was comprehensive, addressing various aspects of employment, including wages, working conditions, and dispute resolution mechanisms. The Commission noted that the agreement provided for minimum terms and conditions and included provisions for flexibility and productivity. Furthermore, the agreement was deemed likely to achieve industrial harmony between the parties. Consequently, the Commission approved the agreement under section 235 of the Fair Work Act.

The final orders included the approval of the Treasury Wine Estates Eastern Australia Vineyards Enterprise Agreement 2024-2027, which is to be registered with the Fair Work Commission and will apply to the relevant employees from the specified commencement date. The agreement will now serve as the primary instrument governing the employment terms and conditions for the employees within the enterprise.

Treasury Wine Estates Vintners Limited T/A Treasury Wine Estates

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established