Nola Marino (Forrest, Liberal Party) Share this | Hansard source

I rise to once again ask the government to respond to a situation facing a winery in my electorate of Forrest as a result of the Labor government’s award modernisation. Ian and Patricia Tassell of Tassell Park Wines, a winery in Margaret River, contacted my office several months ago desperately seeking clarification as to whether their winery business entity is covered under the new wine industry award. Tassell Park Wines’s legal entity is a trust that has a corporate as a trustee. While the winery understands that corporate entities are covered by the new wine industry award, it cannot find an explanation as to whether trusts with a corporate trustee are covered also.

The single question Tassell Park Wines would like answered is: if a trust has a company or a corporate trustee, does the trust come under the new wine industry award? In trying to get a simple answer for what is a simple question, Tassell Park Wines visited the Fair Work Australia website and also contacted the Western Australian Chamber of Commerce and Industry. I was—and still am—seriously disturbed to hear the response given by both of these entities. Neither of the entities was able to provide a definitive answer, and Tassell Park Wines was advised on both occasions to seek legal advice at its own expense, something that should not be necessary. Fair Work Australia should be able to give this company and this couple legal advice on their situation. The advice they were given was: go and get legal advice at your expense as to whether you are covered under this new award process.

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