Pernod Ricard Winemakers Pty Ltd

[2015] FWCA 2923

[2015] FWCA 2923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pernod Ricard Winemakers Pty Ltd
(AG2015/500)


2014 PERNOD RICARD WINEMAKERS PTY LTD CELLAR DOORS (BAROSSA VALLEY) ENTERPRISE AGREEMENT

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 28 APRIL 2015

[1] An application for approval of an enterprise agreement known as the 2014 Pernod Ricard Winemakers Pty Ltd Cellar Doors (Barossa Valley) Enterprise Agreement (the Agreement) has been made by Pernod Ricard Winemakers Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] In response to issues raised by the Fair Work Commission concerning the dispute settling provision of the Agreement, the employer has provided an undertaking pursuant to s.190 of the Act. I am satisfied that the undertaking meets the concern and otherwise satisfies the requirements of s.190 of the Act. The undertaking will be taken to be a term of the Agreement, and is appended to the Agreement as Schedule 1.

[3] The consultation provision in clause 9.1 of the Agreement does not meet the requirement in s.205(1)(a)(ii) of the Act that the employer consult employees in relation to changes in regular rosters or ordinary hours of work. In accordance with s.205(2) of the Act the model consultation term is taken to be a term of the Agreement. The model consultation provision is appended to the Agreement as Schedule 2.

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 5 May 2015. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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