AG2005/6817, Transcript of Proceedings [2005] AIRCTrans 2443 (29 November 2005)

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 13461-1

COMMISSIONER WHELAN

AG2005/6817

APPLICATION BY DOMAINE CHANDON AUSTRALIA PTY LTD T/AS CHANDON AUSTRALIA
s.170XF - Determination of designated award for Certified Agreement
(AG2005/6817)

MELBOURNE

10.16AM, THURSDAY, 17 NOVEMBER 2005

PN1

MR B KEANE: Appearing for Domaine Chandon Australia Pty Ltd.

PN2

THE COMMISSIONER: Thanks, Mr Keane. Mr Keane, this is an application that has been sent to the Commission by the company in which the company seeks the designation of an appropriate award for the purposes of being able to make an agreement under the Act. The award that has been proposed in the application is the Wine Industry AWU Award 1999 and the employees I think that are intended to be covered by the proposed agreement are engaged principally in cellar door sales as I understand it not in the actual processing of the grapes or in the tending of the vines, is that right?

PN3

MR KEANE: Yes that is correct. The company is engaging presently in a process of consultation to consolidate a number of enterprise agreements that they have across the business one of them being one of the agreements, expired agreements is in fact relating to the cellar door part of - - -

PN4

THE COMMISSIONER: The operations.

PN5

MR KEANE: - - - operations and it is primarily that.

PN6

THE COMMISSIONER: Okay so the type of employees that are engaged appear to be principally, the award covers people defined who work in the vineyard, in the cellar, in bottling and packaging and in cellar door sales but at the moment you are only looking at those engaged in the cellar door sales area, is that right?

PN7

MR KEANE: Yes that is correct. The coverage of the one industry award for all those in operations, vineyards is clear.

PN8

THE COMMISSIONER: Yes.

PN9

MR KEANE: The cellar door, the one industry award of course allows for cellar door coverage as well.

PN10

THE COMMISSIONER: Yes.

PN11

MR KEANE: But the company felt it necessary and appropriate to apply for this designation of award for, specifically for the cellar door operations.

PN12

THE COMMISSIONER: All right then. Okay then. Thank you, Mr Keane. Well, it appears to me from the reading of the award that it clearly does cover people who are engaged in cellar door sales work and makes specific provisions for in fact the conditions in that particular area as opposed to perhaps in some of the other areas that are covered by the award as well so it appears to me that there is no reason therefore, why it would be inappropriate to designate this award for the purposes of the development of an enterprise agreement to cover these employees.

PN13

On that basis I will designate the Wine Industry AWU Award 1999 to be a designated award for the purposes of the negotiation of an agreement. I understand this is specifically in relation to employees who are engaged in Coldstream is that right, in Victoria, at the Coldstream site?

PN14

MR KEANE: Yes that is correct, yes.

PN15

THE COMMISSIONER: Okay then. All right then well I will issue that determination and then hopefully that will assist you in proceeding to get your agreement finalised and lodged. Okay?

<ADJOURNED INDEFINITELY [10.21AM]