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

[2021] FWCA 7006

[2021] FWCA 7006

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
(AG2021/8616)

VINPAC INTERNATIONAL MCLAREN VALE ENTERPRISE AGREEMENT 2021

Wine industry
COMMISSIONER PLATT	ADELAIDE, 7 DECEMBER 2021

Application for approval of the Vinpac International McLaren Vale Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Vinpac International McLaren Vale 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.

[2] The matter was allocated to my Chambers on 6 December 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form dated 7 December 2021. The undertaking deals with the following topics:

•  If an employee fails to give the required notice, the company may only make deductions of up to a maximum of one week’s wages.

•  Despite clauses 23.2.4-23.2.5 of the Agreement, an employee who takes personal/carer’s leave may be required to provide evidence that would satisfy a reasonable person.

•  Notwithstanding clause 14.7(f) of the Agreement, a casual employee will be engaged for a minimum of four hours.

•  Notwithstanding clause 17.7(g) of the Agreement, casual loading will apply to all overtime worked on Sundays or Public Holidays for casual employees.

•  Notwithstanding clause 20.4 of the Agreement, where an employee requests time off in lieu of overtime (TOIL), which is subsequently approved by the employer, a written agreement is to be put in place confirming that the TOIL is to be taken within a 6 month period and payment is to be made on termination or on request.

[4] 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.

[5] 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.

[6] The United Workers’ Union (UWU), 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.

[7] 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.

[8] 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 September 2024.

COMMISSIONER

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