Accolade Wines Australia Limited

[2014] FWCA 2826

FAIR WORK COMMISSION

DECISION

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

Accolade Wines Australia Limited
(AG2014/864)

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

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 30 APRIL 2014

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

[1] An application for approval of an enterprise agreement known as the Accolade Wines Australia Ltd (Metals - 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] The Australian Workers’ Union (the AWU) and the Australian Manufacturing Workers' Union (the AMWU), being bargaining representatives for the Agreement, have each 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 the AWU and the AMWU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 7 May 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 was presented with an application for the approval of an enterprise agreement. This case involved the proposed agreement between the employer and their employees, specifically those within the Metals industry in South Australia. The primary nature of the dispute was whether the agreement met the requisite standards and criteria as stipulated by the Fair Work Act 2009.

The legal issues before the court revolved around whether the agreement complied with the various legislative requirements, including provisions on minimum wages, penalty rates, leave entitlements, and other terms and conditions. Furthermore, the court needed to ensure the agreement provided for genuine bargaining and did not unfairly disadvantage any party.

The Fair Work Commission, in its decision, carefully examined the terms of the proposed agreement. It was noted that the agreement had been the subject of genuine bargaining between the employer and the employees' representatives. The Commission found that the agreement met all the necessary criteria for approval, including the provision of adequate protections for employees. The court concluded that the agreement was fair and balanced and did not contain any terms that were contrary to public policy or that would undermine the spirit of the Fair Work Act.

In light of its findings, the Fair Work Commission approved the Accolade Wines Australia Ltd (Metals - South Australia) Enterprise Agreement 2013 - 2016. The decision was made on the basis that the agreement satisfied all the legal requirements and represented a fair and reasonable outcome for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established