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

[2022] FWCA 144

[2022] FWCA 144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2021/9112)

Vinpac International / Dorrien Winemaking Maintenance Enterprise Agreement 2021

Wine industry
COMMISSIONER PLATT	ADELAIDE, 18 JANUARY 2022

Application for approval of the Vinpac International / Dorrien Winemaking Maintenance Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Vinpac International / Dorrien Winemaking Maintenance Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Vinpac International Pty Ltd/Dorrien Estate Winery Pty Ltd T/A Vinpac International Pty Ltd / Dorrien Winemaking (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 13 January 2022 and was determined on the papers.

1. The Applicant has submitted an undertaking in the required form dated 18 January 2022. The undertaking deals with the following topics:

·   Where the company employs an Apprentice, they will be paid no less the applicable rates of pay in the Manufacturing and Associated Industries and Occupations Award 2020 (the Award).

·   An employee who works on an afternoon or night shift which does not continue for at least five successive afternoon or night shifts or six successive afternoon or night shifts in a six-day workshop (where no more than eight ordinary hours are worked on each shift), or for at least 38 ordinary hours, must be paid for each shift 150% of the ordinary hourly rate for the first three hours and 200% of the ordinary hourly rate for the remaining hours.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. 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) of the Act I note that the Agreement covers this organisation.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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