DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winc Australia Pty Limited
(AG2018/7065)

WINC AUSTRALIA PTY LIMITED, RICHLANDS IN QUEENSLAND AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

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COMMISSIONER LEE	MELBOURNE, 1 AUGUST 2019

Application for approval of the Winc Australia Pty Limited, Richlands in Queensland and National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Winc Australia Pty Limited, Richlands in Queensland and National Union of Workers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Winc Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Winc Australia Pty Limited sought approval of an enterprise agreement in the Fair Work Commission. The National Union of Workers had negotiated the agreement on behalf of its members employed by Winc Australia. The dispute centred on the application for the approval of the Winc Australia Pty Limited, Richlands in Queensland and National Union of Workers Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for the appropriate process for the resolution of disputes, the promotion, development, and protection of the health, safety, and welfare of employees, and whether the agreement contained any provisions that were contrary to public policy. Additionally, the Commission had to consider whether the agreement provided for terms and conditions of employment that were fair and reasonable.

The Fair Work Commission found that the agreement provided for an appropriate process for the resolution of disputes and met the requirements for the promotion, development, and protection of the health, safety, and welfare of employees. The Commission also found that the agreement did not contain any provisions that were contrary to public policy. The Commission further found that the agreement provided for terms and conditions of employment that were fair and reasonable. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Winc Australia Pty Limited, Richlands in Queensland and National Union of Workers Enterprise Agreement 2018, subject to the applicant lodging an updated agreement within 12 months of the date of the approval. The updated agreement must include a new certificate from the National Union of Workers that the agreement remains in force.

Winc Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established