Winc Australia Pty Limited
[2025] FWCA 1396
•29 APRIL 2025
| [2025] FWCA 1396 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Winc Australia Pty Limited
(AG2025/822)
WINC ENTERPRISE AGREEMENT, BOHLE 2024
| Storage services | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 29 APRIL 2025 |
Application for approval of the Winc Enterprise Agreement, Bohle 2024
An application has been made for approval of an enterprise agreement known as the Winc Enterprise Agreement, Bohle 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
Delegates’ Rights Term
Section 205A(1) of the Act provides that an enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. The Agreement does not contain a delegates’ rights term. Pursuant to subsection 205A(2)(b) of the Act, the delegates’ rights term contained in the Storage Services and Wholesale Award 2020 is taken to be a term of the Agreement.
Undertakings
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, 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.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of the Act.
Employees were asked to vote to approve the agreement on 13 March 2025. Thus, pursuant to section 202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Model Consultation Term
The Agreement does not contain a consultation term that meets the requirements of the Act.
Employees were asked to vote to approve the agreement on 13 March 2025. Thus, pursuant to section 205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 May 2025. The nominal expiry date of the Agreement is 30 September 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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