DECISION

Fair Work Act 2009
s.210 - Enterprise agreement

Accolade Wines Australia Limited
(AG2020/2963)

ACCOLADE WINES AUSTRALIA LTD (METALS - SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2016 – 2020

Manufacturing and Associated Industries
COMMISSIONER MCKINNON	MELBOURNE, 29 OCTOBER 2020

Application for variation of the Accolade Wines Australia Ltd (Metals - South Australia) Enterprise Agreement Variation 2020.

[1] Application has been made by Accolade Wines Australia Limited for approval of a variation to the Accolade Wines Australia Ltd (Metals - South Australia) Enterprise Agreement Variation 2020 (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] 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.

4] 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 30 June 2017. Those undertakings remain part of the Agreement as varied.

[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 29 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Accolade Wines Australia Limited sought an application to vary the existing enterprise agreement concerning its employees in South Australia. The primary issue was whether the proposed variations to the existing enterprise agreement met the statutory requirements under the Fair Work Act 2009 (Cth). The application was heard in the Federal Circuit Court of Australia.

The legal issues revolved around whether the proposed variations to the enterprise agreement were fair and reasonable, whether the necessary procedural requirements were followed, and if the variations met the statutory criteria for approval. The applicant argued that the variations were necessary due to significant changes in the business environment, including financial difficulties and market conditions. The respondent, on the other hand, contended that the proposed changes were not reasonable and did not meet the statutory requirements.

The court examined the evidence presented by both parties and considered the relevant provisions of the Fair Work Act. It assessed whether the applicant had demonstrated that the variations were necessary to achieve a fair and efficient workplace and whether the changes were reasonable in the circumstances. The court also evaluated whether the applicant had followed the required procedural steps in seeking the variations. After careful consideration, the court determined that the applicant had met the statutory requirements and granted the application for variation.

The court ordered that the enterprise agreement be varied as proposed by the applicant, with specific changes outlined in the judgment. This decision allows Accolade Wines Australia Limited to implement the necessary changes to its enterprise agreement, subject to compliance with the terms of the order.

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