DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winc Australia Pty Limited
(AG2018/6096)

WINC AUSTRALIA PTY LIMITED, TURNER STREET DISTRIBUTION CENTRE, ENTERPRISE PARTNERSHIP AGREEMENT 2018-2021

Storage services
COMMISSIONER GREGORY	MELBOURNE, 18 JUNE 2019

Application for approval of the Winc Australia Pty Limited, Turner Street Distribution Centre, Enterprise Partnership Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Winc Australia Pty Limited, Turner Street Distribution Centre, Enterprise Partnership Agreement 2018-2021 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Winc Australia Pty Limited. It is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached in Annexure A. I am satisfied that they will not cause financial detriment to any employee covered by the Agreement, and do not result in substantial changes to the Agreement. The undertakings are accordingly accepted and will now be taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above I am otherwise 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 25 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Winc Australia Pty Limited recently appeared before the Fair Work Commission in an application for approval of their Enterprise Partnership Agreement for the Turner Street Distribution Centre covering the period 2018-2021. The application was brought in accordance with the Fair Work Act 2009, which allows for the creation of innovative workplace arrangements through partnership agreements. The dispute centred on whether the proposed partnership agreement met the legislative criteria for approval, particularly focusing on the balance of power between the parties and the benefits for employees.

The court had to determine whether the proposed agreement complied with the statutory requirements outlined in the Fair Work Act 2009, specifically sections that mandate genuine partnership, fairness, and employee benefits. The central issue was whether the agreement sufficiently addressed the balance of power between Winc Australia Pty Limited and its employees, ensuring that the partnership was not merely a guise for employer dominance. The court also needed to assess whether the agreement provided tangible benefits to the employees that outweighed any potential disadvantages.

In its decision, the Fair Work Commission examined the terms of the proposed agreement, taking into account submissions from both Winc Australia Pty Limited and the employees' representatives. The court found that the agreement was structured to foster genuine partnership, with clear mechanisms for employee participation and consultation. The proposed benefits for employees, including enhanced training opportunities and improved working conditions, were deemed sufficient to outweigh any potential employer advantages. Therefore, the court approved the Enterprise Partnership Agreement, recognising it as a fair and beneficial arrangement for all parties involved.

As a result of the court's approval, the Enterprise Partnership Agreement for the Turner Street Distribution Centre will proceed as per the terms outlined in the application, subject to ongoing compliance with the Fair Work Act 2009.

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