| [2025] FWCA 304 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Vinpac International Pty Ltd And Dorrien Estate Winery Pty Ltd T/A Vinpac International And Dorrien Estate Winery
(AG2024/5302)
VINPAC INTERNATIONAL/DORRIEN WINEMAKING ENTERPRISE AGREEMENT 2024
| Wine industry | |
| DEPUTY PRESIDENT O'KEEFFE | PERTH, 24 JANUARY 2025 |
Application for approval of the Vinpac International/Dorrien Winemaking Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Vinpac International/Dorrien Winemaking Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vinpac International Pty Ltd and Dorrien Estate Winery Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 23 April 2024 and the Agreement was made on 18 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The United Workers Union (UWU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The UWU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2025. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
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- AGLC
- Vinpac International Pty Ltd And Dorrien Estate Winery Pty Ltd T/A Vinpac International And Dorrien Estate Winery [2025] FWCA 304
- Case
- [2025] FWCA 304
- Decision Date
CaseChat Overview and Summary
The legal issues that the court needed to determine were whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 and whether it was in the best interest of the employees. Specifically, the court had to consider if the agreement provided fair and reasonable terms, whether it was made without coercion, and if it was consistent with the principles of procedural fairness.
The court found that the proposed agreement met all the necessary requirements under the Fair Work Act 2009. It provided fair and reasonable terms for the employees and was made without coercion. Furthermore, the agreement was consistent with the principles of procedural fairness, as the employees were given an adequate opportunity to participate in the negotiation process. The court also determined that the agreement was in the best interest of the employees, as it provided for fair and reasonable terms, and it was consistent with the principles of procedural fairness.
Accordingly, the court approved the Vinpac International/Dorrien Winemaking Enterprise Agreement 2024. The agreement will now be registered with the Fair Work Commission, and it will be in effect from the date of registration. The employees will now be bound by the terms of the agreement, and the employers will be required to comply with the terms of the agreement.
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