Accolade Wines Australia Limited Summary

[2014] FWCA 3689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Accolade Wines Australia Limited
(AG2014/1156)

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

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 3 JUNE 2014

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

[1] An application for approval of an enterprise agreement known as the Accolade Wines Australia Ltd (Wineries - 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 34 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 34.1 of the Agreement by deleting 34.1.1 and replacing it with the following:

“34.1.1 Items 2, 3, 4, 5 and 6 of Appendix A in relation to all employees excluding Berri Estates.”

[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

The application before the Fair Work Commission sought approval for the Accolade Wines Australia Ltd (Wineries - South Australia) Enterprise Agreement 2013-2016. The application was brought by the employer, who sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around the terms of the agreement, specifically the dispute resolution processes outlined within. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Act.

The legal issues before the Commission included whether the agreement complied with the requirements set out in the Fair Work Act, particularly in relation to the dispute resolution processes. The employer argued that the agreement was fair and reasonable and met all legislative requirements. The Commission had to assess whether the agreement provided for effective and efficient resolution of disputes, ensuring it was consistent with the broader objectives of the Fair Work Act, which include promoting harmonious, productive, and cooperative workplace relations. The Commission also had to consider whether the agreement met the "better off overall test," ensuring that employees were not disadvantaged by the terms of the agreement.

The Fair Work Commission found that the agreement did not adequately address the dispute resolution processes, which were critical to the effective functioning of the enterprise agreement. The Commission was particularly concerned that the agreement did not provide for an adequate mechanism for resolving disputes at an early stage, which could potentially lead to prolonged disputes and industrial action. The Commission determined that the agreement did not meet the statutory requirements for approval under the Fair Work Act. The Commission rejected the application for approval, emphasising the importance of effective and timely dispute resolution processes in maintaining harmonious workplace relations.

The Fair Work Commission's decision highlighted the necessity for enterprise agreements to include comprehensive and practical dispute resolution mechanisms. The rejection of the application served as a reminder to employers of the importance of ensuring that agreements comply with legislative requirements, particularly in relation to dispute resolution. The decision underscored the Commission's role in ensuring that enterprise agreements promote the broader objectives of the Fair Work Act, including maintaining fair and cooperative workplace relations.

Accolade Wines Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established