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.

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Vasse Felix Pty Ltd brought an application to the Fair Work Commission to approve the Vasse Felix Enterprise Agreement 2016. The agreement was entered into between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms of the agreement, specifically whether they complied with the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues before the Commission were whether the agreement met the necessary conditions for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement had been made in good faith and whether it contained the essential terms required by the legislation. The company argued that the agreement was fair and reasonable and had been negotiated in good faith. The union contended that some provisions did not comply with the Act and should not be approved.

The Fair Work Commission examined the agreement clause by clause, considering the principles of good faith bargaining and the essential terms required by the legislation. The Commission noted that the agreement contained all the mandatory terms as prescribed by the Act and that the parties had demonstrated a genuine attempt to reach an agreement. The Commission was satisfied that the agreement was made in good faith and contained all necessary terms. Therefore, the Commission approved the Vasse Felix Enterprise Agreement 2016.

The Fair Work Commission approved the Vasse Felix Enterprise Agreement 2016, finding it to be compliant with the Fair Work Act. The agreement was made in good faith and contained all the essential terms required by the legislation. This decision ensures that the terms of employment are clear and enforceable for both the company and its employees.

Vasse Felix Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established