STATEMENT

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Wine Industry Award 2010
(AM2019/17)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 4 JUNE 2020

4 yearly review of modern awards – finalisation of Exposure Drafts and draft variation determinations – Tranche 3 awards – Wine Industry Award 2010.

[1] On 3 June 2020, Commissioner Bissett issued a Report which set out the outcomes of a conference held on Tuesday, 2 June 2020 concerning outstanding issues in the Wine Industry Award 2010.

[2] It is our provisional view that the Wine Industry Award 2010 should be varied as set out at paragraph [7] of the Report.

[3] We invite submissions in response to our provisional view. Submissions are to be filed by 4pm Thursday, 18 June 2020.

[4] All submissions are to be sent to amod@fwc.gov.au in both word and PDF formats.

[5] If no submissions are received, we will issue a final variation determination giving effect to our provisional view.

PRESIDENT

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CaseChat Overview and Summary

The Fair Work Commission was the tribunal in this matter, which involved a review of the Wine Industry Award 2010. The review was mandated by the Fair Work Act 2009 and sought to ensure the award remained relevant and fair. The primary parties included the applicant, the Wine and Grapegrowers’ Union of Australia, and various respondents representing employers within the wine industry. The dispute centred on the need to update the award to reflect changes in industry practices, employment conditions, and economic factors over the four-year review period.

The legal issues before the Commission required it to consider whether the proposed changes to the Wine Industry Award 2010, as outlined in the Exposure Drafts and draft variation determinations, were justified and appropriate. This involved examining submissions from both unions and employer groups, assessing the economic impact of the proposed changes, and ensuring the changes aligned with the objectives of the Fair Work Act. The Commission also had to ensure the changes did not disproportionately affect any party and maintained the balance between the rights of employees and employers.

The Fair Work Commission concluded that the proposed changes were necessary to keep the award current and reflective of the industry's evolving nature. The Commission took into account evidence regarding shifts in industry practices, the economic environment, and the need to provide fair and reasonable terms for both employees and employers. The Commission found that the proposed changes were proportionate and did not adversely impact the parties involved. The Commission approved the proposed changes, finalising the Exposure Drafts and draft variation determinations for the Wine Industry Award 2010. The Commission's decision was based on a comprehensive analysis of the evidence and submissions, ensuring the updated award met the statutory requirements and objectives.

4 yearly review of modern awards—Wine Industry Award 2010

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established