Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates

[2023] FWCA 1231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates

(AG2023/1108)

TREASURY WINE ESTATES - SOUTH EAST SA REGION VINEYARDS ENTERPRISE AGREEMENT 2022 - 2025

Wine industry
COMMISSIONER CIRKOVIC	MELBOURNE, 1 MAY 2023

Application for approval of the Treasury Wine Estates - South East SA Region Vineyards Enterprise Agreement 2022 – 2025

An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates - South East SA Region Vineyards Enterprise Agreement 2022 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Applicant. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union (UWU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 1 May 2023 and, in accordance with s 54, will operate from 8 May 2023. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Treasury Wine Estates Vintners Ltd, trading as Treasury Wine Estates, for the approval of their South East SA Region Vineyards Enterprise Agreement 2022-2025. The applicant sought the Commission's endorsement of this agreement, which would then apply to its vineyard workers in the specified region. The application arose from negotiations between the employer and the employees' representative, the National Union of Workers. The central dispute centred around the terms and conditions of employment within the proposed agreement.

The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for being a "better off overall test" (BOOT) agreement. Specifically, the Commission had to consider if the proposed agreement offered employees terms and conditions no less favourable than those they currently enjoyed or the applicable awards. Additionally, the Commission needed to ensure that the agreement did not contravene any provisions of the Fair Work Act and that it was fairly negotiated.

In reaching its decision, the Fair Work Commission examined the detailed provisions of the agreement and the submissions from both parties. The Commission found that the proposed agreement provided employees with terms and conditions that were at least as favourable as those under the previous agreement or applicable awards. It also found that the agreement did not contravene any provisions of the Fair Work Act and that it had been negotiated in good faith. Consequently, the Commission approved the application, endorsing the Treasury Wine Estates - South East SA Region Vineyards Enterprise Agreement 2022-2025.

The final orders of the Commission included the approval of the enterprise agreement, which would now apply to the vineyard workers in the South East SA Region from the specified period. The agreement, which detailed the terms and conditions of employment, was to be implemented in accordance with the Fair Work Act. The decision marked the formal acceptance of the negotiated terms by the Fair Work Commission, providing a stable framework for employment relations in the region.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established