Pernod Ricard Winemakers Pty Ltd

[2024] FWCA 3987

[2024] FWCA 3987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Pernod Ricard Winemakers Pty Ltd

(AG2024/3943)

PERNOD RICARD WINEMAKERS PTY LTD PRODUCTION (BAROSSA VALLEY) ENTERPRISE AGREEMENT 2024

Wine industry
COMMISSIONER PLATT	ADELAIDE, 18 NOVEMBER 2024

Application for approval of the Pernod Ricard Winemakers Pty Ltd Production (Barossa Valley) Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Pernod Ricard Winemakers Pty Ltd Production (Barossa Valley) Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pernod Ricard Winemakers Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 31 October 2024.

1. On 6 November 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 13 November 2024. The undertaking deals with the following topics:

·  In relation to Clauses 17.1 and 17.2, for casual employees employed before 26 August 2024, the Applicant will apply the Employee Choice Framework under Chapter 2, Part 2-2, Division 4A, Subdivision B of the Act to eligible casual employees from 26 February 2025. 

For casual employees employed after 26 August 2024, the Employee Choice Framework under Chapter 2, Part 2-2, Division 4A, Subdivision B of the Act will apply to eligible casual employees from the operation date of the Agreement.

·  Despite Clause 49.2.1, substitution of a public holiday will be by agreement between the Applicant and an individual employee.

·  Clause 24.1 – Abandonment of employment will operate subject to the NES.

·  Notwithstanding Clause 28.2, 25% casual loading will be paid to casual employees for overtime worked on a Sunday or public holiday.

·  Shiftwork employee will be paid at the rate of double time for all work done on Sunday.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

1. The United Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE526767  PR781278>