Accolade Wines Australia Limited

[2014] FWCA 3690

[2014] FWCA 3690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Accolade Wines Australia Limited
(AG2014/1155)

ACCOLADE WINES AUSTRALIA LTD (VINEYARDS - SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2013-2016

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 3 JUNE 2014

Application for approval of the Accolade Wines Australia Ltd (Vineyards - South Australia) Enterprise Agreement 2013 - 2016

[1] An application for approval of an enterprise agreement known as the Accolade Wines Australia Ltd (Vineyards - South Australia) 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] At a hearing conducted on 3 June 2014, the parties agreed to an amendment of Clause 35 of the Agreement to clarify the matters that can be subject to an individual flexibility agreement. In accordance with s.586 of the Act, the Fair Work Commission amends sub-clause 35 of the Agreement by deleting sub-clause 35.1 and replacing it with the following:

“35.1 The Company and an employee can agree to make an individual flexibility arrangement to vary the effect of the terms of this agreement as set out in Appendix A.”

[4] The above terms of the amendment will be attached to the Agreement as Schedule A.

[5] United Voice (South Australian Branch), being a bargaining representative for the Agreement, has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers United Voice (South Australian Branch).

[6] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 10 June 2014. The nominal expiry date of the Agreement is 30 November 2016.

DEPUTY PRESIDENT

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