Treasury Wine Estates Vintners Limited T/A Wolf Blass Summary

[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

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.

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

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.

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.

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.

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.

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.

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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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Treasury Wine Estates Vintners Limited, trading as Wolf Blass, to approve the Treasury Wine Estates Central SA Region Vineyards Enterprise Agreement 2020 – 2023. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009, which allows for the making of an enterprise agreement that covers employees who are not currently party to the agreement but are likely to be covered by it in the future. The application was opposed by the Australian Manufacturing Workers Union, which argued that the proposed agreement did not meet the 'better off overall test' and contained terms that were not fair and reasonable.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, specifically whether it provided for a direct or indirect term that was less favourable to employees than the applicable award or safety net. Additionally, the Commission considered whether the agreement met the 'better off overall test' and whether it contained terms that were fair and reasonable. The Commission also examined whether the agreement provided for adequate dispute resolution processes and whether the applicant had appropriately engaged with the relevant employees and their representatives.

The Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission considered that the agreement provided for a direct term that was no less favourable than the applicable award or safety net and that it met the 'better off overall test'. The Commission also found that the agreement contained terms that were fair and reasonable, and that the applicant had appropriately engaged with the relevant employees and their representatives. The Commission noted that the agreement provided for adequate dispute resolution processes and that the applicant had taken steps to ensure that employees were aware of the agreement and their rights under it. Accordingly, the Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The final orders of the Commission were that the Treasury Wine Estates Central SA Region Vineyards Enterprise Agreement 2020 – 2023 be approved, subject to the modifications outlined in the decision. The Commission also ordered that the applicant take all reasonable steps to ensure that employees covered by the agreement were aware of its terms and their rights under it. The Commission further ordered that the applicant provide a copy of the approved agreement to the Australian Manufacturing Workers Union and to the Fair Work Ombudsman within five business days of the decision.

Treasury Wine Estates Vintners Limited T/A Wolf Blass

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established