DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winc Australia Pty Limited T/A Winc
(AG2018/5011)

WINC - ENTERPRISE AGREEMENT 2018 - 2020

Business equipment industry
COMMISSIONER JOHNS	SYDNEY, 23 JANUARY 2019

Application for approval of the Winc - Enterprise Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Winc - Enterprise Agreement 2018 - 2020 (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 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Winc Australia Pty Limited trading as Winc, applied for the approval of the Winc - Enterprise Agreement 2018 - 2020. The application was brought before the Fair Work Commission, and the applicant was represented by counsel. The respondent, the Australian Services Union, represented the employees of Winc.

The primary legal issue before the court was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a genuine enterprise agreement, if it provided for minimum pay rates and conditions, and if it had been fairly negotiated. Additionally, the court considered if the agreement contained appropriate dispute resolution processes and if it was in the best interest of the employees.

The court thoroughly examined the agreement, considering the submissions from both parties. It found that the agreement was genuinely negotiated and met the requirements of the Act. The court was satisfied that the agreement provided for adequate minimum pay rates and conditions and contained suitable dispute resolution mechanisms. Furthermore, the court concluded that the agreement was in the best interests of the employees, as it offered several benefits and protections. Consequently, the court approved the Winc - Enterprise Agreement 2018 - 2020, recognising its validity and applicability for the specified period.

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