DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Accolade Wines Australia Limited T/A Accolade Wines Australia Ltd
(AG2017/2109)

ACCOLADE WINES AUSTRALIA LTD (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2016 - 2019

Wine industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 AUGUST 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Accolade Wines Australia Ltd (Western Australia) 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 4 August 2017 and, in accordance with s.54, will operate from 11 August 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Accolade Wines Australia Limited, trading as Accolade Wines Australia Ltd, sought approval of the proposed enterprise agreement for its employees in Western Australia from 2016 to 2019. The union representing the employees contested the application, raising concerns about certain provisions of the agreement. The matter was brought before the Commission to determine whether the agreement should be approved and registered.

The legal issues before the Commission involved assessing whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for minimum entitlements, if it was made in good faith, and if it contained appropriate dispute resolution provisions. The union argued that certain provisions of the agreement failed to meet these requirements, while the employer contended that the agreement was fair and appropriate.

After reviewing the submissions from both parties, the Commission found that the proposed agreement met the necessary requirements. The Commission concluded that the agreement provided for minimum entitlements and was made in good faith. The dispute resolution provisions were also deemed appropriate. The Commission determined that the agreement was in the best interests of the employees and approved and registered the agreement.

The Commission's decision was that the proposed enterprise agreement between Accolade Wines Australia Limited and its employees in Western Australia from 2016 to 2019 was approved and registered. The agreement was to be binding on all employees covered by the agreement, and the employer was required to comply with its terms. The union's objections were dismissed, and the agreement was registered with the Fair Work Commission.

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