Accolade Wines Australia Limited t/a Accolade Wines

[2024] FWCA 4381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Accolade Wines Australia Limited t/a Accolade Wines

(AG2024/4568)

ACCOLADE WINES (MAINTENANCE) ENTERPRISE AGREEMENT 2024

Wine industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 9 DECEMBER 2024

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

An application has been made for approval of an enterprise agreement known as the Accolade Wines (Maintenance) Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Accolade Wines Australia Limited t/a Accolade Wines (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 5.3 of the Agreement provides that if a provision of the Agreement could be interpreted as being less beneficial than the National Employment Standards (NES), the NES will apply.

The Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union (known as Australian Manufacturing Workers Union) (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Accolade Wines Australia Limited, trading as Accolade Wines, applied to the Fair Work Commission for the approval of the Accolade Wines (Maintenance) Enterprise Agreement 2024. The dispute involved the negotiation and approval of terms and conditions of employment for certain employees within the company. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission had to assess whether the agreement was genuinely negotiated and whether the process followed was fair and transparent. Substantively, the Commission needed to ensure that the agreement did not adversely affect employees' conditions, did not include terms that were contrary to public policy, and that it complied with any applicable minimum standards.

The Commission examined the evidence presented by both parties and considered the terms of the agreement. It found that the agreement was genuinely negotiated and that the process followed was fair and transparent. The Commission also determined that the agreement did not adversely affect employees' conditions, did not include terms that were contrary to public policy, and complied with the applicable minimum standards. Based on these findings, the Commission approved the Accolade Wines (Maintenance) Enterprise Agreement 2024.

The Fair Work Commission approved the Accolade Wines (Maintenance) Enterprise Agreement 2024. The approval was effective from the date of the Commission's decision, and the agreement was registered with the Fair Work Commission. The employees covered by the agreement would now be subject to the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established