Accolade Wines

[2014] FWCA 4017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Accolade Wines
(AG2014/1336)

ACCOLADE WINES AUSTRALIA LTD (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2013 - 2016

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 17 JUNE 2014

[1]An application for approval of an enterprise agreement known as the Accolade Wines Australia Ltd (Western Australia) Enterprise Agreement 2013 - 2016 (the Agreement) has been made by Accolade Wines Australia Limited (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 24 June 2014. The nominal expiry date of the Agreement is 31 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Accolade Wines Australia Limited, has applied for the approval of an enterprise agreement as required under the Fair Work Act 2009. The agreement in question is the Accolade Wines Australia Ltd (Western Australia) Enterprise Agreement 2013 - 2016, which seeks to regulate the terms and conditions of employment for employees working in Western Australia. The application was made to the Fair Work Commission under section 185 of the Act, which allows for the approval of a single-enterprise agreement.

The primary legal issue before the court was whether the terms of the Agreement were in compliance with the requirements of the Fair Work Act 2009. This included an assessment of whether the agreement provided for minimum terms and conditions, and whether it contained provisions that were inconsistent with the Act or the National Employment Standards. Additionally, the court had to consider if the agreement had been made fairly, without any undue influence or coercion, and whether it included appropriate dispute resolution mechanisms.

The court examined the provisions of the Agreement and found that it met the legislative requirements under the Act. It was determined that the agreement provided for the minimum terms and conditions, including provisions for wages, hours of work, leave, and other entitlements. The court also found that the agreement did not contain any inconsistent provisions, and that it had been made fairly and included appropriate dispute resolution mechanisms. As a result, the court approved the application and accepted the Agreement as a lawful single-enterprise agreement.

Following the court's decision, the Fair Work Commission issued a certificate of approval for the Accolade Wines Australia Ltd (Western Australia) Enterprise Agreement 2013 - 2016, which is now a legally binding agreement between the employer and the employees. This decision ensures that the terms and conditions of employment for employees working in Western Australia are governed by this agreement, providing a framework for fair and consistent employment practices within the organisation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established