Accolade Wines Australia Limited T/A Accolade Wines

[2022] FWCA 504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Accolade Wines Australia Limited T/A Accolade Wines

(AG2022/17)

Accolade Wines (Wine Industry South Australia) Enterprise Agreement 2021

Wine industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 FEBRUARY 2022

Application for approval of the Accolade Wines (Wine Industry South Australia) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement to be known as the Accolade Wines (Wine Industry South Australia) Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Accolade Wines Australia Limited T/A Accolade Wines (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings dated 11 February 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Wine Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

There were issues raised by the Commission with the Employer regarding the Employer not providing 7 ‘clear’ days notification of the time, place and method of voting to relevant employees.[1] Having regard to the submissions of the Employer provided on 11 February 2022, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this issue.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 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 this organisation.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Annexure A

[1] Noting the requirements of s.180(3) of the Fair Work Act 2009.

[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

[3] Ibid.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Accolade Wines Australia Limited, trading as Accolade Wines, sought approval of the Accolade Wines (Wine Industry South Australia) Enterprise Agreement 2021. The dispute arose under the Fair Work Act 2009, and was heard by the Fair Work Commission. The primary issue before the Commission was whether the agreement met the requirements for approval under the Act. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, and if it adhered to the relevant provisions of the Act.

The Commission considered the nature of the agreement, the bargaining process, and the terms and conditions proposed. It examined whether the agreement was made in good faith, and if it provided for a fair and reasonable way to determine terms and conditions of employment. The Commission also assessed whether the agreement included provisions for the protection of employees' rights and interests, and if it complied with the safety net provisions of the National Employment Standards. The applicant argued that the agreement was fair and reasonable, and that it provided for a balanced approach to the interests of both the employer and employees.

The Fair Work Commission found that the agreement was made in good faith and provided for a fair and reasonable way to determine terms and conditions of employment. The Commission noted that the agreement included provisions for the protection of employees' rights and interests, and that it complied with the safety net provisions of the National Employment Standards. The Commission was satisfied that the agreement provided for a balanced approach to the interests of both the employer and employees, and that it met the requirements for approval under the Act. Accordingly, the application for approval of the agreement was granted.

The Fair Work Commission approved the Accolade Wines (Wine Industry South Australia) Enterprise Agreement 2021, effective from the date of the decision. The agreement will now apply to the employees covered by the agreement, and will provide the terms and conditions of their employment. The decision of the Commission is final and binding, and may be enforced in any court of competent jurisdiction.

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established