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

[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

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.

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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Vinpac International, sought approval of a proposed enterprise agreement with its employees. The respondents, Dorrien Estate Winery and Dorrien Winemaking, opposed the application on the basis that the agreement did not meet certain statutory requirements. The Fair Work Commission was tasked with determining whether the agreement complied with the necessary provisions of the Fair Work Act 2009. The primary issue before the Commission was whether the proposed agreement sufficiently met the criteria for a "simple, direct and accessible" agreement, as required by section 232 of the Fair Work Act. The respondents contended that the agreement was not simple, direct, and accessible due to its length and complexity. The applicant argued that the agreement was in line with the statutory requirements and adequately provided for the employees' terms and conditions of employment.

The Commission carefully examined the language and structure of the agreement, finding that it was indeed simple, direct, and accessible. The Commission considered that the agreement's provisions were clearly written and easily understood, with a logical structure and use of plain language. The Commission also noted that the agreement contained an explanatory memorandum which further assisted in understanding the terms of the agreement. As a result, the Commission determined that the agreement complied with the statutory requirements and approved the application for registration. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the employees, and was in the best interests of the parties involved.

In light of the Commission's determination, the application for approval of the Vinpac International/Dorrien Winemaking Maintenance Enterprise Agreement 2021 was granted. The agreement was registered on the Register of Approved Agreements, and will now govern the employment terms and conditions of the employees covered by the agreement. The respondents' objections to the approval of the agreement were dismissed, and the applicant's application was successful. This decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements for simplicity, directness, and accessibility, in order to be approved by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established