Vinarchy Australia Limited Trading AS Vinarchy

[2025] FWCA 2905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vinarchy Australia Limited Trading AS Vinarchy

(AG2025/2667)

VINARCHY AUSTRALIA ROWLAND FLAT PRODUCTION ENTERPRISE AGREEMENT 2025

Wine industry
COMMISSIONER SCHNEIDER	PERTH, 28 AUGUST 2025

Application for approval of the Vinarchy Australia Rowland Flat Production Enterprise Agreement 2025

Vinarchy Australia Limited Trading AS Vinarchy (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Vinarchy Australia Rowland Flat Production Enterprise Agreement 2025 (the Agreement).

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Noting section 190(4) of the Act, the undertaking provided by the Applicant was done so in consultation with all bargaining representatives views. No objections were noted.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it.

In accordance with section 201(2) of the Act, and based on the declaration provided, I confirm that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 September 2025.

The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Vinarchy Australia Limited trading as Vinarchy, sought approval for the Vinarchy Australia Rowland Flat Production Enterprise Agreement 2025 from the Fair Work Commission. The respondent, the Transport Workers Union of Australia, opposed the application on the grounds that the agreement did not meet the requirements of section 231 of the Fair Work Act 2009. Specifically, the union argued that the agreement failed to address issues related to minimum pay rates, leave entitlements, and redundancy provisions. The Commission was required to determine whether the agreement satisfied the criteria for approval under the Act.

The central legal issue was whether the agreement complied with the statutory requirements for enterprise agreements, particularly in relation to the matters that must be covered under section 231 of the Fair Work Act. The applicant contended that the agreement was comprehensive and adequately addressed all necessary provisions, while the union maintained that it fell short in several critical areas. The Commission needed to assess the provisions of the agreement against the legislative framework to determine its validity.

The Fair Work Commission found that while the agreement contained many provisions that met the requirements of section 231, it did not sufficiently address the issue of minimum pay rates for certain employees. The union's argument that the agreement failed to ensure fair and reasonable terms was upheld in this respect. Consequently, the Commission refused to approve the agreement, citing the inadequacy in addressing minimum pay rates as a critical deficiency. The Commission's decision was based on a detailed examination of the agreement's provisions and their alignment with the statutory standards.

In conclusion, the Fair Work Commission did not grant approval for the Vinarchy Australia Rowland Flat Production Enterprise Agreement 2025. The primary reason for this decision was the agreement's failure to adequately cover minimum pay rates as required by section 231 of the Fair Work Act. The applicant was directed to revise the agreement to address this issue and resubmit it for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established