DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Accolade Wines Australia Limited T/A Accolade Wines Australia Ltd
(AG2017/2046)

ACCOLADE WINES AUSTRALIA LTD (METALS - SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2016 - 2020

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 30 JUNE 2017

Application for approval of the Accolade Wines Australia Ltd (Metals - 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 (Metals – South Australia) Enterprise Agreement 2016 – 2020 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Australia Workers Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 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

The applicant, Accolade Wines Australia Limited trading as Accolade Wines Australia Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The dispute arose over the terms of the proposed enterprise agreement, specifically concerning the classification of certain employees and the associated pay rates. The matter was heard in the Fair Work Commission.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009. In particular, the Commission had to determine if the agreement appropriately classified employees and ensured fair compensation, as well as whether it met the requirements for being a "low paid" agreement under the Act. The applicant argued that the classification and pay rates were fair and reasonable, while the respondents raised concerns about potential underpayments and misclassification.

The Fair Work Commission found that the proposed enterprise agreement did not adequately classify certain employees, resulting in lower pay rates than required by law. The Commission also determined that the agreement did not meet the criteria for being a "low paid" agreement. Consequently, the Commission refused to approve the enterprise agreement. The applicant was given an opportunity to amend the agreement and resubmit it for approval, addressing the issues identified by the Commission.

No final orders were made in the text provided, as the matter was remanded for the submission of an amended agreement.

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