Accolade Wines Australia Limited T/A Accolade Wines

[2024] FWCA 4684

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Accolade Wines Australia Limited T/A Accolade Wines

(AG2024/4813)

ACCOLADE WINES (WINE INDUSTRY) ENTERPRISE AGREEMENT 2024

Wine industry
COMMISSIONER SCHNEIDER	PERTH, 24 DECEMBER 2024

Application for approval of the Accolade Wines (Wine Industry) Enterprise Agreement 2024

Accolade Wines Australia Limited T/A Accolade Wines (the Applicant) has made an application for the approval of an enterprise agreement known as the Accolade Wines (Wine Industry) Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 5.3 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The United Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Accolade Wines Australia Limited, trading as Accolade Wines, and the Australian Industrial Relations Commission (AIRC). The matter concerned the approval of the Accolade Wines (Wine Industry) Enterprise Agreement 2024, which aimed to regulate employment terms between the company and its employees within the wine industry. The application for approval was brought before the Commission to ensure that the agreement met the legal standards set out in the Fair Work Act 2009. The dispute centred around whether the agreement provided fair and appropriate terms and conditions of employment, taking into account factors such as employee rights, workplace fairness, and the broader economic context.

The court had to determine whether the enterprise agreement was in compliance with the statutory requirements under the Fair Work Act. This included examining whether the agreement addressed key areas such as minimum wages, penalties, and conditions of employment, while also ensuring it did not discriminate against any class of employee and allowed for genuine bargaining. Another critical aspect was whether the agreement included provisions that allowed for a fair resolution of disputes and did not undermine the rights of employees or employers. The court also needed to assess if the agreement had been made in good faith and if the process of making the agreement was fair and transparent.

The court carefully reviewed the provisions of the agreement and found that it met the legal requirements under the Fair Work Act. The agreement was deemed to provide fair and appropriate terms and conditions for employees, taking into account the specific needs of the wine industry. The court noted that the agreement included provisions for minimum wages, penalty rates, and other employment conditions that were consistent with industry standards. Additionally, the court found that the agreement had been made in good faith and through a process that was fair and transparent. Based on this assessment, the court approved the enterprise agreement, confirming that it met the necessary legal criteria.

The final orders of the court included the approval of the Accolade Wines (Wine Industry) Enterprise Agreement 2024, effective from the date of the decision. The court's approval was contingent upon the agreement being registered with the Fair Work Commission within the stipulated timeframe. The decision also included directives for both the company and its employees to adhere to the terms and conditions set out in the approved agreement, ensuring compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established