Treasury Wine Estates Vintners Ltd Summary

[2022] FWCA 3939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Treasury Wine Estates Vintners Ltd

(AG2022/4503)

Treasury Wine Estates Eastern Australia Vineyards Enterprise Agreement 2021 – 2024

Wine industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 NOVEMBER 2022

Application for approval of the Treasury Wine Estates Eastern Australia Vineyards Enterprise Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Eastern Australia Vineyards Enterprise Agreement 2021-2024 (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 Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The Australian Workers Union, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2022. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Treasury Wine Estates Vintners Ltd for approval of the Treasury Wine Estates Eastern Australia Vineyards Enterprise Agreement 2021-2024. The applicant sought to have the agreement certified as a registered agreement, which would then be applicable to its employees. The nature of the dispute was primarily procedural, focusing on the validity of the application process and the agreement's compliance with the relevant legislative framework.

The legal issues the court was required to decide included whether the application was appropriately lodged and if the agreement satisfied all statutory requirements for registration. Specifically, the court needed to ascertain whether the agreement had been genuinely negotiated and if it met the criteria for endorsement under the Fair Work Act 2009. Furthermore, the court examined whether the application process adhered to the procedural fairness standards set by the Fair Work Commission.

The Fair Work Commission determined that the application was procedurally valid and that the agreement met all necessary statutory requirements. The court found that the agreement had been genuinely negotiated and was in compliance with the Act. The Commission also ruled that the applicant had fulfilled all procedural obligations, ensuring fairness throughout the process. Consequently, the application was approved, and the agreement was registered, thereby binding the employees covered by the agreement to its terms. The Commission's decision was based on a thorough review of the evidence presented and a careful application of the relevant legal principles.

Treasury Wine Estates Vintners Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established