Accolade Wines Australia Limited

[2021] FWCA 273

[2021] FWCA 273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Accolade Wines Australia Limited
(AG2020/3504)

ACCOLADE WINES AUSTRALIA LTD (VINEYARDS - SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2016-2019

Wine industry
COMMISSIONER MCKINNON	MELBOURNE, 21 JANUARY 2021

Application for variation of the Accolade Wines Australia Ltd (Vineyards - South Australia) Enterprise Agreement 2016-2019

[1] Application has been made by Accolade Wines Australia Limited for approval of a variation to the Accolade Wines Australia Ltd (Vineyards - South Australia) Enterprise Agreement 2016-2019 (the Agreement).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

[4] With the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] 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 7 September 2017. Those undertakings remain part of the Agreement as varied.

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

Accolade Wines Australia Ltd (Vineyards - South Australia) Enterprise Agreement Variation 2020

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

[8] In accordance with s.216 of the Act, the variation operates from 21 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE425393 PR726296>