Vasse Felix Pty Ltd

[2016] FWCA 8542

[2016] FWCA 8542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vasse Felix Pty Ltd
(AG2016/3785)

VASSE FELIX ENTERPRISE AGREEMENT 2016

Wine industry
COMMISSIONER GREGORY	MELBOURNE, 29 NOVEMBER 2016

Application for approval of the Vasse Felix Enterprise Agreement 2016.

[1] This decision deals with an application for approval of an enterprise agreement known as the Vasse Felix Enterprise Agreement 2016 (“the Agreement”). The application is made under s.185 of the Fair Work Act 2009 (Cth) (“the Act”) by Vasse Felix Pty Ltd (“Vasse Felix”).

[2] After reviewing the application and the terms and conditions contained in the proposed Agreement the Commission raised a range of issues with the Applicant concerning satisfaction with the requirements of the “better off overall” test. It was subsequently decided that the matter would be set down for hearing to enable the Applicant to provide further submissions and evidence in support of the application.

[3] The application was heard on 16 September 2016. The Applicant’s representative, Mr Jeff Uphill, was given permission to appear on behalf of Vasse Felix under s.596(2)(a) of the Act as the matter involved a degree of complexity and his involvement might enable it to be dealt with more effectively. Mr Uphill appeared by video link to Perth with Ms Toni Ebert, the Human Resources Manager at Vasse Felix. Mr Uphill also provided a brief written submission prior to the hearing.

[4] A detailed set of undertakings has also been provided by Ms Ebert, on behalf of the Employer, in response to issues raised by the Commission. A copy of those undertakings is attached in an Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. Those undertakings will now be taken to be a term of the Agreement, as provided for by s.191 of the Act.

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

[6] The Agreement is approved and in accordance with s.54 of the Act will operate from 6 December 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Appearances:

J Uphill on behalf of Vasse Felix Pty Ltd.

Hearing details:

2016.

Melbourne, Perth

16 September.

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Attachment A