| [2022] FWCA 4242 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates
(AG2022/4766)
Application for approval of the Treasury Wine Estates - Karadoc Enterprise Agreement 2021 -2024
| Wine industry | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 2 DECEMBER 2022 |
Application for approval of the Treasury Wine Estates - Karadoc Enterprise Agreement 2021 -2024
An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates - Karadoc 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 T/A Treasury Wine Estates. 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 (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU) being bargaining representatives 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 organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
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- AGLC
- Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates [2022] FWCA 4242
- Case
- [2022] FWCA 4242
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, was free from coercion and undue influence, and did not unfairly discriminate against any group of employees. The applicant argued that the agreement was fair and reasonable, while the union raised concerns about certain provisions, particularly those relating to wages and conditions.
In its decision, the Commission examined the provisions of the proposed agreement in detail. It found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the economic circumstances and the needs of the workforce. The Commission noted that the agreement included provisions for wage increases, which it considered to be commensurate with inflation and productivity gains. It also found that the agreement was free from coercion and undue influence and did not unfairly discriminate against any group of employees. Consequently, the Commission approved the Treasury Wine Estates – Karadoc Enterprise Agreement 2021-2024.
The final orders of the Commission were that the proposed agreement be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would apply to employees covered by the agreement from 1 July 2021 for a period of three years, until 30 June 2024. The Commission also noted that any disputes arising from the agreement during its term could be referred to it for resolution.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
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