DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treasury Wine Estates Vintners Limited T/A Treasury Wine Estates
(AG2018/7048)

TREASURY WINES ESTATES VINTNERS LIMITED - WHITE HILLS VINEYARD ENTERPRISE AGREEMENT 2018

Wine industry
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2019

Application for approval of the White Hills Vineyard Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the White Hills Vineyard Enterprise Agreement 2018 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2019. The nominal expiry date of the Agreement is 21 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the White Hills Vineyard Enterprise Agreement 2018, which was entered into between Treasury Wine Estates Vintners Limited, trading as Treasury Wine Estates, and its employees. The application was brought forth to determine whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be formally approved and registered. The employees, represented by a union, sought to ensure that the agreement provided fair and just terms and conditions of employment, while the employer aimed to secure an agreement that balanced the needs of the business with the rights of the employees.

The primary legal issues the court needed to address were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the court had to consider if the agreement was made in good faith, if there was genuine bargaining, and if the process followed adhered to the statutory guidelines. Substantively, the court needed to assess whether the terms of the agreement were fair and reasonable, taking into account the equitable treatment of employees, the preservation of essential terms and conditions, and the maintenance of a viable business.

In reaching its decision, the Fair Work Commission examined the evidence provided by both parties regarding the negotiation process and the content of the agreement. The court found that the agreement had been made in good faith and that there was genuine bargaining between the parties. The procedural fairness was upheld as the process followed the legal requirements. Regarding the substantive fairness, the court determined that the terms of the agreement provided a fair balance between the interests of the employer and the rights of the employees. The agreement met the criteria of preserving essential terms and conditions and ensuring equitable treatment of the employees. Consequently, the court approved the White Hills Vineyard Enterprise Agreement 2018 for registration.

The final orders of the court were to approve the White Hills Vineyard Enterprise Agreement 2018, as it met the requirements under the Fair Work Act 2009. The agreement was to be registered, and the terms would apply to the employees of Treasury Wine Estates Vintners Limited, trading as Treasury Wine Estates, who were covered by the agreement. This decision provided clarity and legal certainty regarding the terms of employment for the relevant employees and ensured that the agreement would be upheld as a binding enterprise agreement.

Treasury Wine Estates Vintners Limited T/A Treasury Wine Estates

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established