Pernod Ricard Winemakers Pty Ltd Summary

[2023] FWCA 2887

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pernod Ricard Winemakers Pty Ltd

(AG2023/3040)

2023 PERNOD RICARD WINEMAKERS PTY LTD., CELLAR DOORS (BAROSSA VALLEY) ENTERPRISE AGREEMENT

Wine industry
DEPUTY PRESIDENT DEAN	CANBERRA, 7 SEPTEMBER 2023

Application for approval of the 2023 Pernod Ricard Winemakers Pty Ltd., Cellar Doors (Barossa Valley) Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as the 2023 Pernod Ricard Winemakers Pty Ltd., Cellar Doors (Barossa Valley) Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pernod Ricard Winemakers Pty Ltd. The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pernod Ricard Winemakers Pty Ltd sought approval of its 2023 Cellar Doors (Barossa Valley) Enterprise Agreement from the Fair Work Commission. The dispute centred around the terms of the proposed agreement, which the applicants aimed to implement to regulate employment conditions for their workforce. The Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009, including that it be free from provisions that were contrary to public policy.

The legal issues before the Commission involved scrutiny of the agreement's provisions to ensure they complied with the legislative framework. Key points included the interpretation of the term "enterprise" under the Act and whether specific clauses within the agreement contravened public policy by potentially undermining workers' rights or encouraging unfair practices. The Commission had to balance the autonomy of the parties in negotiating the agreement with statutory protections afforded to employees.

In deliberating on the application, the Commission assessed the agreement's provisions against the benchmarks established by the Fair Work Act. It concluded that the agreement did not contain any clauses that were contrary to public policy and that it was appropriately negotiated between the parties. The Commission found that the agreement was in line with the legislative intent and would facilitate fair and efficient industrial relations within the enterprise. Consequently, the Commission approved the agreement, recognising its compliance with the statutory requirements.

Pernod Ricard Winemakers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established