DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pernod Ricard Winemakers Pty Ltd
(AG2021/5887)

PERNOD RICARD WINEMAKERS PTY LTD PRODUCTION (BAROSSA VALLEY) ENTERPRISE AGREEMENT 2021

Wine industry
COMMISSIONER YILMAZ	MELBOURNE, 16 JULY 2021

Application for approval of the Pernod Ricard Winemakers Pty Ltd Production (Barossa Valley) Enterprise Agreement 2021.

[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 2021 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 23 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pernod Ricard Winemakers Pty Ltd applied to the Fair Work Commission for approval of the Pernod Ricard Winemakers Pty Ltd Production (Barossa Valley) Enterprise Agreement 2021. The application was opposed by the Australian Manufacturing Workers' Union, who argued that the agreement did not meet the requirements for an enterprise agreement as stipulated by the Fair Work Act 2009. The legal issues the court needed to determine were whether the agreement was genuinely an enterprise agreement and whether it had been made in accordance with the relevant legislative provisions.

The court examined the content of the agreement to determine whether it contained terms that related to the employees' conditions of employment. It found that the agreement did indeed cover various aspects of employment, including wages, hours of work, and leave entitlements. The court also considered whether the agreement had been made through a genuine bargaining process and whether it was representative of the workforce. The evidence presented demonstrated that the agreement was the result of genuine negotiations between the employer and the union, and that it had been accepted by a majority of the relevant employees.

Consequently, the court ruled that the Pernod Ricard Winemakers Pty Ltd Production (Barossa Valley) Enterprise Agreement 2021 met the criteria for an enterprise agreement under the Fair Work Act 2009. The court approved the agreement, noting that it provided for a fair and reasonable set of terms for the employees involved. As a result, the agreement was approved and will now form the basis of the employment conditions for the relevant employees at Pernod Ricard Winemakers Pty Ltd in the Barossa Valley.

Pernod Ricard Winemakers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established