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

[2021] FWCA 6865

[2021] FWCA 6865

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
(AG2021/8414)

VINPAC INTERNATIONAL / DORRIEN WINEMAKING ENTERPRISE AGREEMENT 2021

Wine industry
COMMISSIONER PLATT	ADELAIDE, 29 NOVEMBER 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Vinpac International / Dorrien Winemaking 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 24 November 2021.

[3] On 25 November 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 26 November 2021. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  Clause 25.8 of the Agreement will be applied in accordance with s.324 and s.326 of the Act in relation to permitted deductions.

•  If an employee fails to give the required notice under clause 15.1 of the Agreement, the company may not deduct more than one week’s wages from the employee.

•  Any variation to redundancy pay under clause 36.8 of the Agreement will only be made subject to an order of the Commission as per s.120 of the Act.

•  Clause 36.13 of the Agreement will be applied in accordance with s.122 of the Act in relation to transfer of employment situations that affect the obligation to pay redundancy pay.

•  Any casual employee will be engaged for a minimum of four hours.

•  Shiftworkers other than shiftworkers at Vinpac on a 24/7 roster or shiftworkers at the Dorrien Cellar and Dorrien Laboratory during vintage period will be paid at the following rates:

•  Saturday – 150% of the minimum hourly rate;

•  Sundays – 200% of the minimum hourly rate; and

•  Public Holidays – 250% of the minimum hourly rate.

[5] 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 did not express any view on the undertaking.

[6] 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.

[7] 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.

[8] 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.

[9] 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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