DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Accolade Wines Australia Limited T/A Accolade Wines Australia Ltd
(AG2017/2112)

ACCOLADE WINES AUSTRALIA LTD (WINERIES - SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2016 - 2019

Wine industry
MELBOURNE, 4 AUGUST 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Accolade Wines Australia Ltd (Wineries - South 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 United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Accolade Wines Australia Limited, trading as Accolade Wines Australia Ltd, and a number of its employees represented by the Liquor, Hospitality and Miscellaneous Workers' Union. The dispute centred on the application for the approval of the Accolade Wines Australia Ltd (Wineries - South Australia) Enterprise Agreement 2016-2019. The Fair Work Commission was the forum for this matter, tasked with determining whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the procedural and substantive requirements stipulated in the Fair Work Act. Procedurally, the agreement needed to have been made following proper consultation and negotiation processes. Substantively, it had to include certain minimum terms and conditions, avoid discrimination, and not undermine the rights of employees. The Commission also had to consider the views of the parties involved and whether the agreement represented a genuine bargain.

In delivering its decision, the Commission carefully examined the evidence provided by both the employer and the union. It assessed the fairness and reasonableness of the terms proposed in the agreement, taking into account the specific circumstances of the employees and the operations of the winery. The Commission determined that the agreement did meet the necessary procedural and substantive requirements. It found that the agreement was a genuine bargain reached through proper consultation and negotiation, and that it contained all the mandated minimum terms and conditions. Additionally, the Commission was satisfied that the agreement did not discriminate against any group of employees and did not undermine their rights.

As a result, the Fair Work Commission approved the Accolade Wines Australia Ltd (Wineries - South Australia) Enterprise Agreement 2016-2019. The decision provided certainty and clarity for both the employer and the employees, ensuring that the agreement would govern their industrial relationship for the specified period.

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