Accolade Wines Australia Limited

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Accolade Wines Australia Limited, the Fair Work Commission considered an application for the approval of the Accolade Wines Australia Ltd (Vineyards - South Australia) Enterprise Agreement 2013-2016. The applicant, Accolade Wines Australia Limited, sought to have the proposed enterprise agreement approved under the Fair Work Act 2009. The proposed agreement was negotiated between the employer and the relevant union, representing the employees, and was intended to regulate the terms and conditions of employment for vineyard workers in South Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine whether the agreement provided for a safety net of minimum wages and conditions, allowed for genuine bargaining, and contained provisions that were not contrary to public policy. Additionally, the Commission assessed whether the agreement contained provisions that were outside the scope of the agreement and whether it provided for adequate dispute resolution mechanisms.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The agreement provided for a safety net of minimum wages and conditions, as mandated by the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and allowed for genuine bargaining between the parties. Furthermore, the Commission determined that the provisions of the agreement were not contrary to public policy and were within the scope of the agreement. The Commission also found that the agreement contained adequate provisions for dispute resolution, ensuring that any disputes could be resolved efficiently and effectively. As a result, the Commission approved the Accolade Wines Australia Ltd (Vineyards - South Australia) Enterprise Agreement 2013-2016.

The Fair Work Commission approved the Accolade Wines Australia Ltd (Vineyards - South Australia) Enterprise Agreement 2013-2016, effective from the date of the decision. The agreement now regulates the terms and conditions of employment for vineyard workers in South Australia, providing a safety net of minimum wages and conditions, allowing for genuine bargaining, and containing provisions that are not contrary to public policy. The agreement also provides for adequate dispute resolution mechanisms, ensuring that any disputes can be resolved efficiently and effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established