Vinpac International Pty Ltd T/A Vinpac International Pty Ltd

[2019] FWCA 1714

[2019] FWCA 1714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vinpac International Pty Ltd T/A Vinpac International Pty Ltd
(AG2018/6312)

VINPAC INTERNATIONAL MCLAREN VALE ENTERPRISE AGREEMENT 2018

Wine industry
COMMISSIONER PLATT	ADELAIDE, 15 MARCH 2019

Application for approval of the Vinpac International McLaren Vale Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Vinpac International McLaren Vale Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Vinpac International Pty Ltd T/A Vinpac International Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 1 March 2019.

[3] On 8 March 2019, 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 the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 12 March 2019. The undertaking deals with the following topics:

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

•  For the purpose of clause 23.1.2 of the Agreement, employees will be entitled to “4 weeks” of annual leave.

•  For the purposes of clause 17 and clause 20 of the Agreement, the Applicant undertakes to comply with clause 28.2(f) of the Wine Industry Award 2010 which provides limits on the maximum ordinary hours per day.

[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] “United Voice”, 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 from the date of approval of the Agreement. The nominal expiry date is 30 September 2021.

COMMISSIONER

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