DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Accolade Wines Australia Limited
(AG2020/2595)

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

Wine industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 OCTOBER 2020

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

[1] An application has been made for approval of a variation to the Accolade Wines Australia Ltd (Wineries - South 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).

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

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

[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 4 August 2017. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 6 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Accolade Wines Australia Limited sought to vary the terms of the enterprise agreement between itself and its employees in the wineries located in South Australia. The application was heard in the Fair Work Commission. The dispute centred on the procedural fairness and the substantive merits of the proposed changes to the enterprise agreement.

The legal issues before the Commission were whether the application met the procedural requirements for varying an enterprise agreement and whether the proposed changes were in the best interests of the employees. The Commission had to consider if the application process was conducted fairly and if the changes were justified in terms of economic and business necessity.

The Fair Work Commission found that the application process was conducted with procedural fairness and that the proposed changes were necessary for the economic viability of the company. The Commission emphasised the importance of maintaining the company's financial health in light of the significant financial losses incurred during the period covered by the agreement. The Commission concluded that the changes were in the best interests of the employees and approved the application for variation.

The Fair Work Commission ordered that the enterprise agreement be varied as per the application by Accolade Wines Australia Limited. The changes included adjustments to employee working conditions, remuneration, and other terms and conditions of employment. The decision was made effective from the date of the Commission's order, ensuring that the company could implement the necessary changes to address its financial challenges.

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