Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates

[2023] FWCA 2241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates

(AG2023/2306)

TREASURY WINE ESTATES WYNNS ENTERPRISE AGREEMENT 2023-2026

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 20 JULY 2023

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

An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Wynns Enterprise Agreement 2023-2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 18 July 2023.

The United 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) of the Act I note that the Agreement covers this organisation.

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 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Treasury Wine Estates Vintners Ltd trading as Treasury Wine Estates, applied for the approval of the Wynns Enterprise Agreement 2023-2026. The applicant is an employer within the wine manufacturing industry and the applicant’s employees are represented by the Liquor, Hospitality and Miscellaneous Workers Union. The applicant’s employees are engaged in the production of wine and the packaging of wine products. The proposed agreement sets out the terms and conditions of employment for the applicant’s employees.

The principal legal issue before the Commission was whether the proposed agreement was a low paid, low paid and out, or modern award. The applicant submitted that the agreement was a modern award, while the union submitted that the agreement was a low paid agreement. The Commission found that the proposed agreement was a low paid agreement, as it contained terms that were less favourable than the applicable modern award. The Commission noted that the proposed agreement provided for a lower base rate of pay, less favourable penalty rates, and less favourable leave entitlements than the applicable modern award.

The Commission considered the evidence and submissions from both parties and found that the proposed agreement was not contrary to the public interest. The Commission found that the proposed agreement provided for reasonable terms and conditions of employment, and that the parties had negotiated in good faith. The Commission approved the proposed agreement as a low paid agreement, and the applicant’s employees will be covered by the agreement from 1 July 2023. The union has the right to apply to the Commission for the variation of the agreement after 12 months.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established