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

[2022] FWCA 2624

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Treasury Wine Estates Vintners Limited T/A Treasury Wine Estates

(AG2022/3105)

Treasury Wine Estates Wynns EnteRprise Agreement 2020-2023

Wine industry
COMMISSIONER PLATT	ADELAIDE, 3 AUGUST 2022

Application for approval of the Treasury Wine Estates Wynns Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Wynns Enterprise Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Treasury Wine Estates Vintners Limited T/A Treasury Wine Estates (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 29 July 2022 and was determined on the papers.

The United Workers’ Union (UWU), 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) of the Act I note that the Agreement covers this organisation.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Treasury Wine Estates Vintners Limited, trading as Treasury Wine Estates, and the Retail and Fast Food Workers Union of Victoria, acting on behalf of certain employees. The dispute centred around the approval of the Treasury Wine Estates Wynns Enterprise Agreement 2020-2023. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues for the Commission to decide were whether the agreement had been made in good faith, and if it contained the required minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the Commission had to consider whether the agreement complied with the "better off overall test," which ensures that employees are not worse off financially under the new agreement compared to their previous conditions.

The Commission found that the agreement was made in good faith and contained all the mandatory minimum terms and conditions. Furthermore, the agreement passed the better off overall test, with the majority of employees being better off or no worse off under the new terms. The Commission also noted the extensive consultation process undertaken by the employer, which included offering employees the opportunity to provide feedback on the proposed agreement. Based on these findings, the Commission approved the agreement.

As a result of the Commission's decision, the Treasury Wine Estates Wynns Enterprise Agreement 2020-2023 was approved, and the orders were made on 10 November 2020. The agreement now serves as the basis for the employment conditions of the relevant employees, providing certainty and stability for both the employer and the workforce.

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