Accolade Wines Australia Limited T/A Accolade Wines

[2022] FWCA 1307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Accolade Wines Australia Limited T/A Accolade Wines

(AG2022/872)

Accolade Wines (Wine Industry Western Australia, Victoria and Tasmania) Enterprise Agreement 2021

Wine industry
COMMISSIONER MIRABELLA	MELBOURNE, 13 APRIL 2022

Application for the approval of Accolade Wines Australia Limited T/A Accolade Wines

Application for the approval of Accolade Wines (Wine Industry Western Australia, Victoria and Tasmania) Enterprise Agreement 2021.

Accolade Wines Australia Limited T/A Accolade Wines (the Employer) has made an application for approval of an enterprise agreement known as the Accolade Wines (Wine Industry Western Australia, Victoria and Tasmania) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

The Agreement was approved on 13 April 2022 and, in accordance with s. 54, will operate from 20 April 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has approved the Accolade Wines (Wine Industry Western Australia, Victoria and Tasmania) Enterprise Agreement 2021, as applied by Accolade Wines Australia Limited. The employer had applied for the agreement's approval under section 185 of the Fair Work Act 2009. The agreement is a single enterprise agreement, covering employees in the wine industry in Western Australia, Victoria and Tasmania.

The court was required to determine if the employer had met the criteria set out in sections 186, 187 and 188 of the Act, which relate to the application for approval of an enterprise agreement. The court had to consider whether the agreement had been made in good faith, was in writing and contained certain prescribed details, amongst other things. The court also had to be satisfied that the agreement did not contain any terms that were contrary to public policy.

The court was satisfied that the employer had met all of the requirements for approval of the agreement. The agreement was approved on 13 April 2022 and will operate from 20 April 2022. The nominal expiry date of the agreement is 30 June 2024. The court noted that the agreement provides for a modern and fair workplace, with appropriate protections for employees. The agreement also includes provisions for the resolution of disputes and the protection of employees' rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established