austlii:cth/FWCA/2026/791
General information, not legal advice.
FWCA
2026-03-30
Original judgment source is linked above.
2025 VINARCHY AUSTRALIA LTD, CELLAR DOORS (BAROSSA VALLEY) ENTERPRISE AGREEMENT
Application for approval of the 2025 Vinarchy Australia Ltd, Cellar Doors (Barossa Valley) Enterprise Agreement.
[1] Vinarchy Australia Limited has made an application for approval of an enterprise agreement known as the 2025 Vinarchy Australia Ltd, Cellar Doors (Barossa Valley) Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
[3] I am further 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.205A(2) of the Act, the workplace delegates' rights term prescribed by clause 29A of the Wine Industry Award 2020 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 6 April 2026. The nominal expiry date of the Agreement is 30 June 2027.
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