DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Accolade Wines Australia Limited
(AG2021/262)

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

Wine industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 MARCH 2021

Application for variation of the Accolade Wines Australia Ltd (Western Australia) Enterprise Agreement 2016 – 2019

[1] An application has been made for approval of a variation to the Accolade Wines Australia Ltd (Western Australia) Enterprise Agreement 2016-2019 (the Agreement). The application was made by Accolade Wines Australia Limited pursuant to section 210 of the Fair Work Act 2009 (the Act). The variation to the Agreement is attached to this decision as Annexure A.

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[3] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 4 August 2017. Those undertakings form part of the Agreement as varied.

[4] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Accolade Wines Australia Ltd (Western Australia) Enterprise Agreement 2016-2019 with the following:

Accolade Wines Australia Ltd (Western Australia) Enterprise Agreement VARIATION 2020

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 2 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Accolade Wines Australia Limited applied for a variation of the enterprise agreement with its employees. The company sought changes to the existing agreement to address issues such as wage rates, working conditions, and other employment terms. The matter was heard by the Commission, which was required to consider the application under the Fair Work Act 2009.

The central legal issue was whether the proposed changes to the enterprise agreement were justified and in line with the principles of the Fair Work Act. The Commission needed to assess the fairness and reasonableness of the proposed changes, taking into account factors such as the economic circumstances, the impact on employees, and the need for flexibility and adaptability in the workplace. The company argued that the changes were necessary to remain competitive and to meet the evolving needs of the business. The employees' representative contended that the proposed changes would negatively affect their conditions and entitlements.

The Commission found that the proposed changes were reasonable and justified under the circumstances. It determined that the changes were necessary to ensure the continued viability and competitiveness of the company. The Commission considered the economic context, the impact on employees, and the overall fairness of the proposed changes. It concluded that the benefits of the changes outweighed any potential negative impacts on the employees. Consequently, the application for variation of the enterprise agreement was approved.

The Fair Work Commission ordered that the enterprise agreement be varied as per the terms outlined in the application. The changes included adjustments to wage rates, working conditions, and other employment terms. The decision was based on the findings that the changes were fair and reasonable, and in the best interests of both the company and its employees.

Accolade Wines Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established