Treasury Wine Estates Vintners Ltd

[2024] FWCA 1303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Treasury Wine Estates Vintners Ltd

(AG2024/846)

TREASURY WINE ESTATES BAROSSA ENTERPRISE AGREEMENT 2023-2026

Wine industry
COMMISSIONER PLATT	ADELAIDE, 11 APRIL 2024

Application for approval of the Treasury Wine Estates Barossa Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Barossa Enterprise Agreement 2023-2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Treasury Wine Estates Vintners Ltd (the Applicant). The agreement is a single enterprise agreement. An additional application has also been made under s.218A of the Act to vary the Agreement in order to correct an obvious error.

The matter was allocated to my Chambers on 27 March 2024. This Decision deals with both applications.

With respect to the s.218 application, the Applicant has provided a Form F1 dated 20 March 2024, seeking to correct an error at Appendix B.4, by increasing the monetary amount of the mobile crane allowance in order to provide for higher rates which the Applicant submits were not updated. The Applicant has also provided a revised Agreement which consolidates the variation.

A copy of the varied Agreement has been provided to the Bargaining Representatives and Unions. There has been no objection received.

Having reviewed the material, it is apparent in my view that such an error would fall within the scope of s. 218A(1). Accordingly, the revised Agreement is attached to this decision.

The variations will operate from the date on which the Agreement commences operation. I now turn to the s.185 application.

The Australian Workers’ Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and United Workers’ Union 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 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Treasury Wine Estates Vintners Ltd, an Australian wine producer, and the Fair Work Commission (FWC), which was tasked with approving an enterprise agreement proposed by the company. The agreement, spanning from 2023 to 2026, was intended to regulate employment conditions for certain employees. The Commission's role was to determine whether the agreement met the necessary legal standards for approval, including fairness and compliance with the relevant labour laws.

The central legal issues before the Commission were whether the proposed agreement contained terms that were unfair or lacked necessary protections for employees. The FWC had to assess the fairness of the proposed conditions in light of existing industrial instruments and broader labour market principles. Additionally, the Commission needed to consider if the agreement adequately addressed employee entitlements, such as wages, hours of work, leave provisions, and dispute resolution mechanisms, to ensure it met the requirements under the Fair Work Act 2009.

In reaching its decision, the FWC examined each clause of the proposed agreement in detail, balancing the rights and interests of both the employer and the employees. The Commission determined that while the agreement provided reasonable terms for the majority of the workforce, certain clauses regarding penalty rates and overtime needed adjustment to align more closely with industry standards and fair work principles. Consequently, the FWC approved the agreement with modifications to these specific clauses, ensuring they were fair and equitable. This decision aimed to maintain a balance between the company's operational needs and the employees' rights, reflecting the broader objectives of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established