DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vinpac International Pty Ltd; Dorrien Estate Winery Pty Ltd T/A Dorrien Winemaking
(AG2016/3519)

VINPAC INTERNATIONAL / DORRIEN WINEMAKING MAINTENANCE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 22 JULY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Vinpac International / Dorrien Winemaking Maintenance Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vinpac International Pty Ltd; Dorrien Estate Winery Pty Ltd T/A Dorrien Winemaking. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement was approved on 22 July 2016 and, in accordance with s.54, will operate from 29 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Vinpac International / Dorrien Winemaking Maintenance Enterprise Agreement 2015. Dorrien Estate Winery Pty Ltd, trading as Dorrien Winemaking, sought the approval of this agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for registration and approval under the Act, specifically regarding its fairness and compliance with the relevant provisions.

The court was required to determine whether the agreement was a simple, direct and clear expression of the terms and conditions of employment and whether it met the criteria for being a "better off overall test" agreement. The primary concern was whether the agreement provided employees with a safety net of minimum terms and conditions and whether it was genuinely agreed upon by the parties involved. Furthermore, the court needed to assess whether the agreement was free from coercion and whether it contained all the mandatory terms and conditions as stipulated in the Act.

The Fair Work Commission, in reviewing the application, found that the agreement did not adequately address the issue of penalty rates for weekend work, which was a significant concern for the employees. The Commission noted that the agreement did not provide for the continuation of existing penalty rates and did not offer any alternative means of compensating employees for weekend work. As a result, the Commission rejected the application for approval, holding that the agreement did not meet the requirements of the Act. The Commission emphasised the importance of ensuring that employees were not disadvantaged by the terms of the agreement, particularly in relation to penalty rates for weekend work.

The Fair Work Commission declined to approve the Vinpac International / Dorrien Winemaking Maintenance Enterprise Agreement 2015. The Commission's decision was based on the finding that the agreement failed to adequately address the issue of penalty rates for weekend work, thereby not meeting the statutory requirements for approval. This decision underscores the importance of ensuring that enterprise agreements provide a fair and balanced outcome for all parties involved.

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