Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates

[2024] FWCA 1626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates

(AG2024/1170)

TREASURY WINE ESTATES CENTRAL SA REGION VINEYARDS ENTERPRISE AGREEMENT 2023 - 2026

Wine industry
COMMISSIONER TRAN	MELBOURNE, 3 MAY 2024

Application for approval of the Treasury Wine Estates Central SA Region Vineyards Enterprise Agreement 2023 - 2026

Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates has applied for approval of an enterprise agreement known as the Treasury Wine Estates Central SA Region Vineyards Enterprise Agreement 2023 – 2026 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

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

The Australian Workers’ Union and the United Workers’ Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that each organisation wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers both organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 May 2024.

In accordance with Clause 5.2, the nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Treasury Wine Estates Vintners Ltd, trading as Treasury Wine Estates, and its employees represented by the Liquor, Hospitality and Miscellaneous Workers Union. The matter pertained to the application for the approval of the Treasury Wine Estates Central SA Region Vineyards Enterprise Agreement 2023 - 2026. The central issue was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including the necessity of fair and favourable terms and conditions for the employees.

The Fair Work Commission assessed the proposed agreement against the criteria set out in the Fair Work Act. Key considerations included whether the agreement met the genuine agreement test, was free from prohibited content, and contained minimum terms and conditions that were no less favourable than the applicable awards or registered agreements. The Commission also evaluated whether the agreement provided for the appropriate process for resolving disputes between the employer and employees.

The Commission found that the proposed agreement was a genuine enterprise agreement that met the requirements of the Fair Work Act. The agreement contained terms and conditions that were fair and favourable, and it included provisions for resolving disputes. The Commission approved the application for the agreement, noting that it provided for a comprehensive set of terms and conditions that addressed the needs of both the employer and employees. The Commission's decision was based on a detailed analysis of the agreement and its compliance with the relevant legislative framework.

The Fair Work Commission approved the Treasury Wine Estates Central SA Region Vineyards Enterprise Agreement 2023 - 2026, effective from the date of the decision. The approval signifies that the agreement is now a registered agreement, binding on the parties and applicable to the employees covered by the agreement. The decision ensures that the employees will benefit from the terms and conditions outlined in the agreement, while also providing the employer with a clear framework for managing employment relations within the specified region.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established