DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vines WA Pty Ltd T/A The Vines Resort and Country Club
(AG2017/4637)

THE VINES (WA) PTY LTD OUTSIDE STAFF ENTERPRISE AGREEMENT 2017

Gardening services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 APRIL 2018

Application for approval of The Vines (WA) Pty Ltd Outside Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the The Vines (WA) Pty Ltd Outside Staff Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vines WA Pty Ltd T/A The Vines Resort and Country Club. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union, being a bargaining representative 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 organisation.

[6] The Agreement was approved on 4 April 2018 and, in accordance with s.54, will operate from 11 April 2018. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Vines WA Pty Ltd, trading as The Vines Resort and Country Club, applied for approval of their Outside Staff Enterprise Agreement 2017. The application was heard in the Fair Work Commission. The respondents, who were members of various unions, objected to the proposed agreement on several grounds. The primary dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The court was required to determine if the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the court needed to examine if the agreement was made in good faith, whether the bargaining processes were fair, and if the agreement covered the necessary topics as mandated by the Act. Additionally, the court had to assess whether the agreement provided for a proper process for the resolution of disputes and if it was fair and reasonable in terms of its provisions.

The Fair Work Commission, in its decision, examined the procedural fairness of the bargaining process and found that the employer had engaged in good faith negotiations with the unions. The Commission also found that the agreement contained all the mandatory topics as required by the Fair Work Act and was reasonable in its terms. The Commission concluded that the agreement met the necessary criteria for approval and was fair and reasonable for the employees covered by it. Consequently, the Commission approved and registered the Outside Staff Enterprise Agreement 2017.

The Fair Work Commission ordered the registration of the Outside Staff Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be binding on all parties involved, including The Vines WA Pty Ltd and the relevant unions. The decision also provided for the process to be followed should any disputes arise under the agreement in the future.

Vines WA Pty Ltd T/A The Vines Resort and Country Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established