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[12]
austlii:cth/FWCA/2025/4039
General information, not legal advice.
FWCA
2025-12-01
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Treasury Wine Estates Vintners Limited T/A Treasury Wine Estates
SOUTH EAST SA REGION VINEYARDS ENTERPRISE AGREEMENT 2025 - 2028
Application for approval of the Treasury Wine Estates - South East SA Region Vineyards Enterprise Agreement 2025 - 2028
[1] An application has been made for approval of an enterprise agreement known as the South East SA Region Vineyards Enterprise Agreement 2025 - 2028 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Treasury Wine Estates Vintners Limited T/A Treasury Wine Estates (Treasury). The Agreement is a single enterprise agreement.
Interaction with the National Employment Standards
[2] Clause 6 of the Agreement provides that the Agreement is not intended to exclude the National Employment Standards and where a provision of the Agreement is detrimental to an employee compared to the NES it will be of no effect. Clauses 70.2a and 70.6b of the Agreement may be intended to provide that an employee who is made redundant is not entitled to severance payments in the event they are provided with alternative employment. Section 120 of the Act deals with circumstances in which severance entitlements may be reduced in circumstances where acceptable alternative employment is obtained. On the basis of clause 6 of the Agreement, s 120 of the Act prevails over clauses 70.2a and 70.6b to the extent of any inconsistency.
[3] On the basis of the material filed in support of the application 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 United Workers' Union (UWU) 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 UWU.
[5] While clause 5.1 of the Agreement appears to provide that it comes into operation from the second weekly pay period following the date of approval, in accordance with s 54 of the Act, the Agreement will operate 7 days after approval.
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