Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates

[2021] FWCA 6063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates
(AG2021/7356)

TREASURY WINE ESTATES BAROSSA ENTERPRISE AGREEMENT 2020-2023

Wine industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 SEPTEMBER 2021

Application for approval of the Treasury Wine Estates Barossa Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Barossa Enterprise Agreement 2020-2023. (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the United Workers’ Union being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 October 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Treasury Wine Estates Vintners Ltd, trading as Treasury Wine Estates, and an application for the approval of the Treasury Wine Estates Barossa Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission. The applicant, Treasury Wine Estates, sought the Commission's approval of the proposed enterprise agreement, which would cover employees at the Barossa facility.

The legal issues before the Commission centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement, made without the influence of duress, coercion, or other unfair tactics, and whether it provided for fair and reasonable terms and conditions for the employees involved. Additionally, the Commission needed to assess if the agreement contained the necessary procedural fairness provisions and if it complied with the relevant award and national employment standards.

The Commission found that the proposed agreement was a genuine enterprise agreement that had been negotiated in good faith and without undue influence. The agreement contained adequate procedural fairness provisions and provided for fair and reasonable terms and conditions for the employees. The Commission also found that the agreement complied with the relevant award and national employment standards. As a result, the Commission approved the Treasury Wine Estates Barossa Enterprise Agreement 2020-2023, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established