Fair Work Act 2009
s.156 - 4 yearly review of modern awards

WINE INDUSTRY AWARD 2010
[MA000090]

4 yearly review of modern awards: Wine Industry Award 2010 - substantive issues.

[1] The Commission is presently conducting a review of modern awards under s.156 of the Fair Work Act 2009. This decision concerns the review of the Wine Industry Award 2010 (the award) and a proposed variation to clause 23.4 Meal Allowance.

[2] Part of the review process being conducted by the Commission included consideration of a range of specific proposals being advanced by organisations with an interest in the award. Ultimately, one of those proposals has been pursued by the South Australian Wine Industry Association Inc and now supported by the unions and other employer organisations that have participated in this part of the review.

[3] In a Statement 1 issued by this Full Bench on 15 June 2016, we indicated that absent any objections to this agreed position, the Full Bench proposed to determine the meal allowance issue in the terms set out within that Statement.2 No objections have been provided to the Commission.

[4] The proposed variation, updated to reflect the present meal allowance arising from the Annual Wage Review 2015-16, 3 is as follows:

By deleting clause 24.3 and inserting the following:

24.3 Meal allowance

An employee who works overtime must, in addition to the rates prescribed elsewhere in this award, be paid $13.81 as a meal allowance on each occasion they work overtime in excess of two hours following their ordinary day or shift. Provided that such meal allowance need not be made to an employee who can reasonably return home for a meal or who has been notified the day before that they will be required to work overtime or where the employee is provided with an adequate meal by the employer.

[5] The effect of the variation is to include an additional circumstance whereby the specified meal allowance is not payable during the relevant overtime work. Namely, where an adequate meal is provided to the employee by the employer.

[6] We are satisfied that the variation proposed is necessary to ensure that the award achieves the modern awards objective 4. We also accept that the variation to the award is appropriate having regard to that objective and the circumstances of this award more generally.

[7] Accordingly, the award is to be varied and a determination 5 giving effect to this decision is also being issued in conjunction with this decision.

[8] The variation will operate on and from 1 August 2016.

COMMISSIONER

 1   MA000090 – published on the Commission’s website.

 2   Ibid at [6].

 3   [2016] FWCFB 3500.

 4   Section 134 of the Fair Work Act 2009.

 5   PR582656.

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<Price code A, MA000090  PR582551 >