Accolade Wines Australia Limited T/A Accolade Wines Summary

[2022] FWCA 1301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Accolade Wines Australia Limited T/A Accolade Wines

(AG2022/1033)

Accolade Wines (Maintenance) Enterprise Agreement 2021

Wine industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 13 APRIL 2022

Application for the approval of Accolade Wines (Maintenance) 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 (Maintenance) 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 the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

The Australian Workers’ Union and the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

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.

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 2021. The applicant and the relevant unions sought to have the agreement made binding upon the parties in accordance with the Fair Work Act 2009. The unions argued that the agreement met the requirements for approval, while the employer contested several provisions, including those concerning shift patterns, overtime, and shift allowances.

The legal issues before the Commission centred on whether the provisions in dispute were fair and reasonable in all aspects. The Commission considered the principles of good faith bargaining, the public interest, and the need for the agreement to be fair and reasonable in the context of the parties' bargaining positions and the overall impact on the workforce. The Commission also examined whether the provisions in dispute met the standards of procedural fairness and whether they were consistent with the provisions of the Fair Work Act.

After a detailed analysis of the evidence and submissions from both parties, the Fair Work Commission found that the provisions in dispute were fair and reasonable. The Commission noted that the applicant had engaged in good faith bargaining and that the provisions were consistent with the principles of the Act. The Commission approved the agreement, finding that it met the necessary criteria for approval and would not have an adverse effect on the workforce or the broader community. The unions and the employer were directed to take all necessary steps to implement the agreement in accordance with the terms of the Fair Work Act.

The Fair Work Commission approved the Accolade Wines (Maintenance) Enterprise Agreement 2021, directing that it be registered with the Fair Work Commission and that the applicant and the relevant unions take all necessary steps to implement the agreement. The Commission noted that the agreement was fair and reasonable and met the necessary criteria for approval. The applicant and the unions were directed to provide the Commission with evidence of implementation within 30 days of the decision.

Accolade Wines Australia Limited T/A Accolade Wines

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established