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

Printed by authority of the Commonwealth Government Printer

Vinpac International Pty Ltd, trading as Vinpac International Pty Ltd, and Dorrien Estate Winery Pty Ltd, trading as Dorrien Winemaking, were before the Fair Work Commission in an application for the approval of the Vinpac International/Dorrien Winemaking Enterprise Agreement 2018. The application involved the determination of whether the agreement met the criteria set out in the Fair Work Act 2009, particularly in terms of whether it was a simple, fair, and flexible agreement that facilitated the operation of a small business.

The legal issues before the court were whether the agreement provided for reasonable hours of work and reasonable requests for additional work, and if it provided adequate protections for employees. The court had to consider the fairness and appropriateness of the terms and conditions set out in the agreement, particularly in light of the nature of the businesses involved and the employees' roles.

The court found that the agreement provided for reasonable hours of work and additional work requests, and that it offered adequate protections for employees. The court noted that the agreement was simple, fair, and flexible, and that it facilitated the operation of the businesses. The court concluded that the agreement met the criteria for approval under the Fair Work Act 2009.

The court approved the Vinpac International/Dorrien Winemaking Enterprise Agreement 2018, effective from 1 July 2018. The approval was made subject to certain conditions, including the requirement for the parties to provide a copy of the agreement to the Fair Work Ombudsman within 28 days of the approval. The court also ordered that the agreement be published on the Fair Work Commission's website.

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