Pernod Ricard Winemakers Pty Ltd Summary

[2014] FWCA 252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pernod Ricard Winemakers Pty Ltd
(AG2013/12080)

PERNOD RICARD WINEMAKERS PTY LTD PRODUCTION (BAROSSA VALLEY) ENTERPRISE AGREEMENT 2013

Wine Industry

DEPUTY PRESIDENT BARTEL

ADELAIDE, 10 JANUARY 2014

Application for approval of the Pernod Ricard Winemakers Pty Ltd Production (Barossa Valley) Enterprise Agreement 2013

[1] An application for approval of an enterprise agreement known as the Pernod Ricard Winemakers Pty Ltd Production (Barossa Valley) Enterprise Agreement 2013 (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] 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] United Voice (South Australian Branch), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) of the Act, I note that the Agreement covers United Voice.

[4] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 17 January 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pernod Ricard Winemakers Pty Ltd sought approval of the Pernod Ricard Winemakers Pty Ltd Production (Barossa Valley) Enterprise Agreement 2013 before the Fair Work Commission. The application was made under section 232 of the Fair Work Act 2009. The agreement aimed to govern the employment terms and conditions of workers at the Barossa Valley production facility. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval, including compliance with the provisions of the Fair Work Act and fairness in terms of its impact on employees.

The primary legal issues before the Fair Work Commission were whether the agreement complied with the statutory requirements of the Fair Work Act, and whether it was fair and reasonable in its terms. Key considerations included whether the agreement provided for a safety net of minimum wages and conditions, whether it was free from coercion and contained appropriate dispute resolution mechanisms, and whether it appropriately balanced the interests of employers and employees. The Commission also needed to assess the procedural fairness of the agreement, including whether the employees had been adequately consulted and informed about the terms of the agreement.

The Fair Work Commission found that the Pernod Ricard Winemakers Pty Ltd Production (Barossa Valley) Enterprise Agreement 2013 met the statutory requirements and was fair and reasonable. The agreement provided for a safety net of minimum wages and conditions, included appropriate dispute resolution mechanisms, and appropriately balanced the interests of employers and employees. The Commission noted that the agreement was the result of a process of good faith bargaining and that employees had been adequately consulted. The Fair Work Commission approved the agreement, noting its positive impact on the efficient operation of the Barossa Valley production facility.

The Fair Work Commission ordered the approval of the Pernod Ricard Winemakers Pty Ltd Production (Barossa Valley) Enterprise Agreement 2013. The agreement was to be registered with the Fair Work Ombudsman and would come into effect on the date of registration. The approval of the agreement was subject to its continued compliance with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Fair Work Commission's decision provides a clear framework for the approval of enterprise agreements in the future, balancing the need for efficient bargaining with the protection of employee rights.

Pernod Ricard Winemakers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established