DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Voyager Estate (WA) Pty Ltd T/A Voyager Estate
(AG2017/2786)

VOYAGER ESTATE (WA) PTY LTD ENTERPRISE AGREEMENT 2017

Wine industry
COMMISSIONER JOHNS	SYDNEY, 15 SEPTEMBER 2017

Application for approval of the Voyager Estate (WA) Pty Ltd Enterprise Agreement 2017.

[1] On 12 July 2017 Voyager Estate (WA) Pty Ltd T/A Voyager Estate (Applicant) made an application for approval of the Voyager Estate (WA) Pty Ltd Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 September 2017. The nominal expiry date of the Agreement is 15 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Voyager Estate (WA) Pty Ltd T/A Voyager Estate sought approval of an Enterprise Agreement with its employees. The application was made under section 233 of the Fair Work Act 2009. The agreement in question sought to establish terms and conditions of employment for the employees, including matters such as wages, working hours, and dispute resolution mechanisms.

The legal issues before the Commission involved determining whether the Enterprise Agreement complied with the relevant statutory requirements. This included assessing whether the agreement was made in good faith, whether it was free from any improper influence or coercion, and whether it met the minimum standards set by the National Employment Standards and applicable awards. Furthermore, the Commission had to consider if the agreement adequately provided for the protection of employee interests and if it contained all the necessary provisions as per the legislative framework.

The Commission found that the Enterprise Agreement met all the statutory requirements for approval. It was made in good faith, without any improper influence or coercion. The agreement provided for wages, conditions, and dispute resolution mechanisms that were not less favourable than the National Employment Standards and applicable awards. The Commission was satisfied that the agreement adequately protected the interests of the employees and contained all necessary provisions as per the legislative framework. Consequently, the Commission approved the Enterprise Agreement, confirming its compliance with the Fair Work Act 2009.

The final orders of the Commission were that the Voyager Estate (WA) Pty Ltd T/A Voyager Estate Enterprise Agreement 2017 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be registered and the approval was to be published in the Fair Work Commission's register of approved agreements.

Voyager Estate (WA) Pty Ltd T/A Voyager Estate

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established