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[9]
austlii:cth/FWCA/2025/1517
General information, not legal advice.
FWCA
2025-05-07
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
AUSTRALIAN VINTAGE LTD - RIVERLAND VITICULTURE EMPLOYEE ENTERPRISE AGREEMENT 2025
Application for approval of the Australian Vintage Ltd - Riverland Viticulture Employee Enterprise Agreement 2025
[1] Australian Vintage Limited has applied for approval of an enterprise agreement known as the Australian Vintage Ltd - Riverland Viticulture Employee Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.
[2] The Agreement is a single enterprise agreement.
[3] I observe that clause 18.2 (Redundancy) is likely to be inconsistent with the National Employment Standards.
[4] I note clause 7 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[6] The United Workers' Union (UWU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the UWU.
[7] The Agreement is approved and, in accordance with s 54 of the Act and contrary to clause 2.1, will operate from 14 May 2025.
[8] In accordance with clause 2.1, the nominal expiry date of the Agreement is 31 December 2027.
Variation under s 218A
[9] Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.
[10] I determined to vary the Agreement on my own initiative, following the identification of a referencing error in clause 29.3.
[11] The Applicant provided an amended copy of the Agreement, with only the amendment identified above.
[12] I am satisfied that the amendment should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.
[13] The Agreement attached to this Decision is the Agreement as varied and will operate from 14 May 2025. The nominal expiry date of the Agreement as varied is 31 December 2027.
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