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

[2019] FWCA 2378

[2019] FWCA 2378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vinpac International Pty Ltd T/A Vinpac International Pty Ltd; Dorrien Estate Winery Pty Ltd T/A Dorrien Winemaking
(AG2018/6593)

VINPAC INTERNATIONAL / DORRIEN WINEMAKING ENTERPRISE AGREEMENT 2018

Wine industry
COMMISSIONER PLATT	ADELAIDE, 9 APRIL 2019

Application for approval of the Vinpac International / Dorrien Winemaking Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Vinpac International / Dorrien Winemaking 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; Dorrien Estate Winery Pty Ltd T/A Dorrien Winemaking. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 March 2019.

[3] On 25 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] I note that the Agreement contains an Undertaking dated 4 December 2015 which may have been given in respect of a predecessor Agreement. The appearance of it in the Agreement appears to be a matter that was agreed between the parties and as such it is taken to be a term of the Agreement.

[5] The Applicant has submitted an undertaking in the required form dated 29 March 2018. The undertaking deals with the following topics:

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

•  Despite clause 25.4.2 of the Agreement, a statutory declaration can be provided as evidence to support a personal leave application.

•  Clause 15.2 of the Agreement operates subject to s.324 and s326 of the Act.

•  Despite clause 14.8 of the Agreement, a casual loading of 25% will be paid for overtime on Sundays or Public Holidays.

•  Clause 27.1 of the Agreement will operate subject to s.524 of the Act.

•  Shift workers who work on a Sunday will be paid double time.

•  Employees who perform work on the 24/7 roster will be paid at Grade 3 or above.

[6] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, did not express any view on the undertaking.

[7] 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.

[8] “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.

[9] 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.

[10] 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 June 2021.

COMMISSIONER

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