Pernod Ricard Winemakers Pty Ltd

[2019] FWCA 7692

[2019] FWCA 7692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pernod Ricard Winemakers Pty Ltd
(AG2019/3880)

2019 PERNOD RICARD WINEMAKERS PTY LTD., CELLAR DOORS (BAROSSA VALLEY) ENTERPRISE AGREEMENT

Wine industry
COMMISSIONER PLATT	ADELAIDE, 18 NOVEMBER 2019

Application for approval of the 2019 Pernod Ricard Winemakers Pty Ltd., Cellar Doors (Barossa Valley) Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2019 Pernod Ricard Winemakers Pty Ltd., Cellar Doors (Barossa Valley) Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pernod Ricard Winemakers Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 October 2019.

[3] On 25 October 2019, 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.

[4] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 9 October 2019.

[5] The Applicant has submitted an undertaking in the required form dated 15 November 2019. The undertaking deals with the following topics:

•  For the purposes of the additional week of leave provided by the National Employment Standards (NES), a shiftworker is an employee who is regularly rostered to work on Sundays and public holidays.

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  In the case of personal/carer’s leave occurring while an employee is on annual leave, the employee must provide reasonable evidence for their absence, as soon as practicable and in accordance with s.107 of the Act.

•  The minimum supported wage amount payable under Schedule B, B6 is $87.00.

•  All overtime worked on a Saturday is payable at 175% for all employees for the first 2 hours and 200% thereafter. All overtime worked on a Sunday is paid at 200%. Overtime penalties are to be applied to the current permanent rate of pay in clause 15.5 of the Agreement.

•  In relation to part-time employment, the employee and employer will agree in writing the number of hours to be worked, the days of the week and period in each of those days to be worked. Any change to the agreed hours may only occur with written consent of the employee. The employee may not be rostered for work outside of the employee’s availability, in excess of ten or less than four hours in a day and the employee must have two days off each week. Where an employee over a period of 12 months regularly works a number of ordinary hours in excess of the agreed hours, the employee may request in writing that the agreed hours be increased. Where there has been a genuine and ongoing change in the employee’s personal circumstances, the employee may alter the days and hours of the employee’s availability on 14 days written notice. All time worked in excess of 38 hours per week, or where the employee works in accordance with a roster, an average of 38 hours per week over the roster cycle, or the maximum hours limitations in clause 20 or the employee’s rostered hours will be paid at overtime rates.

•  Where rosters are used, they will be alterable by mutual consent at any time or by amendment of the roster on seven days’ notice. Where practicable, two weeks’ notice of rostered day or days off should be given provided that the days off may be changed by mutual consent or through sickness or other cause over which the Company has no control.

•  Clause 28.7 is to be read in conjunction with clause 20 of the Agreement. Training and assessment time outside of rostered working hours is considered as overtime and paid as per clause 22 of this Agreement.

•  Employees will be paid their base rate of pay plus a loading equal to 17.5% or the relevant weekend penalty rates, whichever is greater.

•  The tea money allowance in clause 17.1 is increased to $14.70 and the first aid allowance in clause 17.3 is increased to $17.16 per week or $3.43 per day.

[6] 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.

[7] 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.

[8] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[9] 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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