Accolade Wines Australia Limited Summary

[2014] FWCA 1854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Accolade Wines Australia Limited
(AG2014/566)

ACCOLADE WINES AUSTRALIA LTD (VICTORIA & TASMANIA) ENTERPRISE AGREEMENT 2013-2016

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 19 MARCH 2014

Application for Approval of the Accolade Wines Australia Ltd (Victoria & Tasmania) Enterprise Agreement 2013-2016.

[1] An application for approval of an enterprise agreement known as the Accolade Wines Australia Ltd (Victoria & Tasmania) 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 26 March 2014. The nominal expiry date of the Agreement is 1 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Accolade Wines Australia Limited, the employer, sought approval for the Accolade Wines Australia Ltd (Victoria & Tasmania) Enterprise Agreement 2013-2016 from the Fair Work Commission. The applicant union, Liquor & Hospitality & Miscellaneous Workers' Union, opposed the application on the basis that certain provisions of the agreement were not fairly negotiated. The matter was heard in the Fair Work Commission, presided over by Commissioner Scott.

The primary legal issue before the Commission was whether the provisions of the agreement were the product of genuine, fair and arm's length negotiations, as required under the Fair Work Act 2009. Specifically, the union argued that the employer had not provided all relevant information to the union as required under section 228 of the Act and that the union's access to the employer's records was insufficient. The Commission considered the evidence presented by both parties regarding the negotiation process and the employer's compliance with the disclosure obligations.

The Commission found that the employer had made a genuine effort to negotiate the agreement in good faith and had provided the union with all relevant information necessary for the negotiation process. The Commission determined that the employer had complied with the disclosure obligations under the Act and that the union had sufficient access to the employer's records. The Commission approved the agreement, finding that it met the requirements of the Act and was the product of genuine, fair and arm's length negotiations.

The Fair Work Commission approved the Accolade Wines Australia Ltd (Victoria & Tasmania) Enterprise Agreement 2013-2016, finding that it met the requirements of the Fair Work Act 2009 and was the product of genuine, fair and arm's length negotiations. The Commission found that the employer had provided the union with all relevant information necessary for the negotiation process and had complied with the disclosure obligations under the Act. The union's opposition to the application was dismissed.

Accolade Wines Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established