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

[2019] FWCA 219

[2019] FWCA 219

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
(AG2018/5247)

VINPAC INTERNATIONAL / DORRIEN WINEMAKING MAINTENANCE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 16 JANUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Vinpac International / Dorrien Winemaking Maintenance 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 19 December 2018.

[3] On 10 January 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 14 January 2019. The undertaking deals with the following topics:

•  The Employer undertakes to comply with the Model Flexibility Term [The Commissioner notes that the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, and therefore the model flexibility term is taken to be a term of the Agreement].

•  For the purpose of clause 24.4.2, the Employer undertakes to comply with s.97 and s.107 of the Act, recognising that a Statutory Declaration be accepted as reasonable evidence when provided in relation to personal – carers leave.

•  For the purpose of clause 24.4.1, the Employer undertakes to comply with all leave entitlements as contained in the National Employment Standards (NES), including the entitlement to unpaid personal leave – carers leave.

•  Clause 14.7(b) is amended as follows:

“Casual employees will be engaged to meet irregular, unforeseen or seasonal fluctuations in workloads. Casual employees will be utilised to aid the managements of peaks and troughs in work volumes.”

•  For the purpose of clause 18.2, the Employer undertakes to comply with clause 37.3 of the Manufacturing and Associated Industries and Occupations Award 2010.

[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 “‘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.

[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 30 June 2021.

COMMISSIONER

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