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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Vinpac International Pty Ltd, trading as Vinpac International Pty Ltd, and Dorrien Estate Winery Pty Ltd, trading as Dorrien Winemaking, which sought approval of the Vinpac International/Dorrien Winemaking Maintenance Enterprise Agreement 2018. The application was made to the Fair Work Commission, a federal workplace relations tribunal in Australia. The dispute centred on whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing if the agreement had been fairly negotiated and if it provided for the protection of employees' rights and entitlements.

The primary legal issues before the Commission were whether the agreement had been made in good faith, if it included all necessary terms and conditions, and if it provided adequate protections for employees. The Commission also needed to determine if the agreement complied with the procedural requirements for approval, such as being lodged with the Commission and whether the requisite majority of employees had voted in favour of it. Additionally, the Commission considered if the agreement adhered to the relevant national employment standards and if it addressed any specific concerns raised by the parties involved.

In delivering its decision, the Fair Work Commission found that the agreement had been fairly negotiated and met the requirements of the Fair Work Act. The Commission noted that the agreement had been properly lodged and included a majority of employees' votes in its favour. The Commission examined the terms of the agreement and determined that they were reasonable and provided adequate protections for the employees. The Commission was satisfied that the agreement complied with the national employment standards and addressed the specific concerns raised by the parties. As a result, the Commission approved the Vinpac International/Dorrien Winemaking Maintenance Enterprise Agreement 2018.

The Fair Work Commission granted the application for approval of the Vinpac International/Dorrien Winemaking Maintenance Enterprise Agreement 2018. The Commission found that the agreement met the necessary criteria under the Fair Work Act and was fairly negotiated. The Commission's decision confirms the agreement's validity and effectiveness for the parties involved.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established