DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Accolade Wines Australia Limited T/A Accolade Wines Australia Ltd
(AG2017/2115)

ACCOLADE WINES AUSTRALIA LTD (VICTORIA &TASMANIA) ENTERPRISE AGREEMENT 2016 - 2019

Wine industry
COMMISSIONER MCKINNON	MELBOURNE, 7 SEPTEMBER 2017

Application for approval of the Accolade Wines Australia Ltd (Victoria & Tasmania) Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Accolade Wines Australia Ltd (Victoria & Tasmania) Enterprise Agreement 2016-2019 (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 Australia Ltd. The Agreement is a single enterprise agreement.

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

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2017. The nominal expiry date of the Agreement is 1 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Accolade Wines Australia Limited, trading as Accolade Wines Australia Ltd, applied to the Fair Work Commission for approval of the Accolade Wines Australia Ltd (Victoria & Tasmania) Enterprise Agreement 2016-2019. The application was made under section 233 of the Fair Work Act 2009. The legal issues that arose in the case involved the validity of the enterprise agreement and whether it complied with the relevant provisions of the Fair Work Act. The court had to determine if the agreement met the criteria for a single interest enterprise bargaining agreement and if it contained all the mandatory terms as required by the Act.

The court examined the process by which the agreement was negotiated and concluded that it was indeed a single interest enterprise agreement. It was found that the agreement was negotiated in good faith and that it contained all the mandatory terms stipulated by the Fair Work Act. The court also considered the fairness of the terms and conditions set out in the agreement, taking into account the principles of contemporary awards. It was determined that the agreement was fair and met the necessary standards.

Based on its findings, the court approved the enterprise agreement. The court was satisfied that the agreement was appropriately negotiated and contained all the mandatory terms as required by the Fair Work Act. The agreement was found to be fair and met the principles of contemporary awards. Consequently, the application for approval was granted.

Accolade Wines Australia Limited T/A Accolade Wines Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established