DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vinpac International Pty Ltd; Dorrien Estate Winery Pty Ltd T/A Dorrien Winemaking
(AG2015/7599)

VINPAC INTERNATIONAL/ DORRIEN WINEMAKING ENTERPRISE AGREEMENT 2015

Wine industry
COMMISSIONER PLATT	ADELAIDE, 22 JANUARY 2016

Application for approval of the Vinpac International / Dorrien Winemaking Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Vinpac International/ Dorrien Winemaking Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Vinpac International and Dorrien Estate Winery, sought approval of their Enterprise Agreement 2015 from the Fair Work Commission. The application was made under the Fair Work Act 2009, specifically focusing on whether the agreement should be certified as a simple, low-average or high-average agreement, and if it met the "better off overall test" (BOOT) under section 230 of the Act. The nature of the dispute was whether the agreement, which included terms on pay rates, hours of work, and other employment conditions, sufficiently improved the employees' terms and conditions to meet the BOOT requirement.

The legal issues before the Commission included whether the proposed pay rates and conditions in the agreement were fair and reasonable, and whether the agreement provided employees with better terms and conditions overall compared to the applicable award. Additionally, the Commission had to consider whether the agreement complied with the procedural requirements of the Act, including the need for proper consultation and the provision of necessary information to employees.

The Commission found that the agreement met the BOOT requirement and was fair and reasonable. It determined that the proposed pay rates and conditions were adequate and that employees would be better off overall with the new agreement. The Commission also confirmed that the applicants had complied with the procedural requirements, including proper consultation with employees and provision of relevant information. Based on these findings, the Commission approved the agreement as a low-average agreement.

As a result of the Commission's decision, the Enterprise Agreement 2015 between Vinpac International and Dorrien Estate Winery was certified as a low-average agreement, effective from the date of the decision. The agreement was to apply to the employees covered by the application and would supersede any conflicting terms in the applicable award.

Vinpac International Pty Ltd; Dorrien Estate Winery Pty Ltd T/A Dorrien Winemaking

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established