Accolade Wines Australia Limited

[2014] FWCA 2331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Accolade Wines Australia Limited
(AG2014/614)

ACCOLADE WINES AUSTRALIA LTD - (STANLEY WINES) ENTERPRISE AGREEMENT 2010 - 2013

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 7 APRIL 2014

Application for approval of the Accolade Wines Australia Ltd - (Stanley Wines) Enterprise Agreement 2010 - 2013.

[1] An application for approval of an enterprise agreement known as the Accolade Wines Australia Ltd (Stanley Wines) Enterprise Agreement 2010-2013 (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) 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 the AWU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 14 April 2014. The nominal expiry date of the Agreement is 1 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Accolade Wines Australia Limited, the employer, applied for the approval of the proposed enterprise agreement between the company and its employees. The application was heard in the Fair Work Commission of Australia. The nature of the dispute was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. The court was required to consider whether the agreement was in the best interests of the employees and whether it complied with the provisions of the Act.

The legal issues the court had to decide were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the provisions of the Act concerning good faith bargaining, the protection of employees' rights, and the avoidance of discrimination. The court also had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Building and Construction) Act 2008.

The court found that the agreement met the requirements for approval under the Fair Work Act 2009. It was determined that the agreement provided for fair and reasonable terms and conditions, and that it complied with the provisions of the Act concerning good faith bargaining, the protection of employees' rights, and the avoidance of discrimination. The court also found that the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Building and Construction) Act 2008. The agreement was approved by the court, and the parties were directed to implement the agreement in accordance with the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established