DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winc Australia Pty Limited T/A Winc
(AG2018/6524)

WINC AUSTRALIA PTY LIMITED, BOHLE IN QUEENSLAND ENTERPRISE AGREEMENT 2018

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COMMISSIONER GREGORY	MELBOURNE, 14 MARCH 2019

Application for approval of the Winc Australia Pty Limited, Bohle in Queensland Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Winc Australia Pty Limited, Bohle in Queensland 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 T/A Winc. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Winc Australia Pty Limited, trading as Winc, applied to the Fair Work Commission for approval of the Winc Australia Pty Limited, Bohle in Queensland Enterprise Agreement 2018. The applicants, who are employers, and the respondents, the employees' union, sought to finalise an enterprise agreement. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues involved whether the agreement provided adequate mechanisms for the resolution of employee grievances and disputes, and whether it complied with the procedural requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement contained sufficient processes for addressing employee concerns and whether these processes were fair and effective. Additionally, the court had to consider if the agreement was made in good faith and if it met the criteria for being a "single, integrated, and written agreement".

The Fair Work Commission found that the agreement contained adequate provisions for the resolution of employee grievances and disputes. The processes outlined were deemed to be fair and effective, providing employees with appropriate avenues for addressing their concerns. The Commission also concluded that the agreement was made in good faith and met the criteria for being a single, integrated, and written agreement. Consequently, the Commission approved the agreement under section 181 of the Fair Work Act. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the provisions set out in the enterprise agreement.

Winc Australia Pty Limited T/A Winc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established