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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CaseChat Overview and Summary

Pernod Ricard Winemakers Pty Ltd applied for the approval of an enterprise agreement, the 2014 Pernod Ricard Winemakers Pty Ltd Cellar Doors (Barossa Valley) Enterprise Agreement, under section 185 of the Fair Work Act 2009. The applicant is a wine industry employer, and the agreement concerns the terms and conditions of employment for its employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Act.

The court had to consider several legal issues, including whether the employer had met the requirements of section 190 of the Act by providing an appropriate undertaking regarding the dispute settling provision of the agreement. Additionally, the court had to assess whether the consultation provision in clause 9.1 of the agreement met the requirements of section 205(1)(a)(ii) of the Act. If the consultation provision was found to be deficient, the court had to determine whether the model consultation term should be incorporated as a term of the agreement.

The court found that the employer's undertaking under section 190 of the Act addressed the concerns raised by the Commission and satisfied the requirements of the Act. Consequently, the undertaking was accepted as a term of the agreement. However, the court determined that the consultation provision in clause 9.1 did not meet the requirements of section 205(1)(a)(ii) of the Act. Therefore, the model consultation provision was incorporated as a term of the agreement. The court was satisfied that all other relevant requirements of the Act had been met.

As a result, the court approved the agreement, which will operate from 5 May 2015 and expire on 30 June 2016. The agreement, with the necessary amendments, will be binding on the parties involved.

Pernod Ricard Winemakers Pty Ltd

DECISION

CaseChat Overview and Summary

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Legal Principle Established