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

[2025] FWCA 688

[2025] FWCA 688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2025/169)

VINPAC INTERNATIONAL/DORRIEN WINEMAKING MAINTENANCE ENTERPRISE AGREEMENT 2024

Wine industry
COMMISSIONER PERICA	MELBOURNE, 21 FEBRUARY 2025

Application for approval of the Vinpac International / Dorrien Winemaking Maintenance Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Vinpac International / Dorrien Winemaking Maintenance Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer confirms there are typographical errors within the Agreement. The typographical errors are contained in clause 40 and comprise of incorrect references to clauses and subclauses within clause 39 which should refer to clauses and subclauses within clause 40.

1. Under s 218A(2)(a), the Commission can, on its own initiative, exercise its power under s 218A(1) to “vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form)”. I am satisfied the references to clause 39 are obvious errors and therefore amend the following clauses:

   ·   Clause 40.1: The reference to “clause 39” is amended to “clause 40”.

   ·   Clause 40.3: The reference to “clause 39” is amended to “clause 40”.

   ·   Clause 40.6(a): The reference to clause “39.5” is amended to “clause 40.5”

   ·   Clause 40.9(b): The reference to “clause 39” is amended to “clause 40”.

   ·   Clause 40.9(c): The reference to “clause 39” is amended to “clause 40”.

1. The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

1. Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

1. The Agreement is approved today 21 February 2025. It will operate from 28 February 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2027.

COMMISSIONER

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Annexure A