Treasury Wine Estates Vintners Limited T/A Wolf Blass

[2022] FWCA 946

[2022] FWCA 946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Treasury Wine Estates Vintners Limited T/A Wolf Blass

(AG2022/651)

Treasury Wine Estates Central SA Region Vineyards Enterprise Agreement 2020 - 2023

Wine industry
COMMISSIONER PLATT	ADELAIDE, 18 MARCH 2022

Application for approval of the Treasury Wine Estates Central SA Region Vineyards Enterprise Agreement 2020 – 2023

1. An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Central SA Region Vineyards 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 Wolf Blass (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 16 March 2022 and was determined on the papers.

1. The Applicant has submitted an undertaking in the required form dated 16 March 2022. The undertaking deals with the following topics:

·   If a team member who is at least 18 years old does not give the period of notice required, the company may deduct from wages due to the team member to an amount that is no more than one week’s wages.

·   When an employee and the company enter into a Piecework Agreement, the company will provide the employee a copy of the Piecework Agreement, and if the employee’s understanding of written English is limited, the company will take measures to ensure the team member understands the proposed Piecework Agreement.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Australian Workers’ Union (AWU) and the United Workers’ Union (UWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. 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 September 2023.

COMMISSIONER

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