DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pernod Ricard Winemakers Pty Ltd
(AG2017/2640)

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

Wine industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 16 OCTOBER 2017

Application for approval of the Pernod Ricard Winemakers Pty Ltd Production (Barossa Valley) Enterprise Agreement 2017.

[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 2017 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Pernod Ricard Winemakers Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Voice 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Pernod Ricard Winemakers Pty Ltd for the approval of the Pernod Ricard Winemakers Pty Ltd Production (Barossa Valley) Enterprise Agreement 2017. The application involved employees in the Barossa Valley region, who were members of the Liquor, Hospitality and Miscellaneous Workers Union. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement was in the best interests of the employees, free from coercion and undue influence, and if it provided for fair and reasonable terms and conditions.

The primary legal issues the Fair Work Commission had to address were whether the agreement was genuinely negotiated and whether it met the criteria for approval under the Fair Work Act. This included examining if the agreement contained terms that were fair and reasonable in all respects, and whether it provided for the protection of employee interests. The Commission also had to consider the process by which the agreement was formed and whether there was any coercion or undue influence in the negotiation process.

The Fair Work Commission, after thorough examination, found that the proposed agreement was genuinely negotiated and contained terms that were fair and reasonable. The Commission noted that the agreement provided for appropriate protections and benefits for the employees and was in their best interests. The Commission was satisfied that the agreement was free from any form of coercion or undue influence and was negotiated in good faith. Consequently, the Commission approved the Pernod Ricard Winemakers Pty Ltd Production (Barossa Valley) Enterprise Agreement 2017, confirming its compliance with the legislative requirements.

In approving the agreement, the Fair Work Commission issued orders for its registration, effective from the date of the decision. This registration ensures that the terms of the agreement are legally binding on both the employer and the employees covered by the agreement.

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