DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Accolade Wines Australia Limited T/A Accolade Wines Australia Ltd
(AG2017/2227)

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

Wine industry
COMMISSIONER MCKINNON	MELBOURNE, 7 SEPTEMBER 2017

Application for approval of the Accolade Wines Australia Ltd (Vineyards - 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 (Vineyards - 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, 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 lodged contained an error at Appendix B. On 7 September 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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) I note that the Agreement covers the organisation.

[6] 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 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Accolade Wines Australia Limited, the respondent sought approval for the Enterprise Agreement 2016-2019 from the Fair Work Commission. The applicant contested the approval, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on the fairness and validity of the proposed agreement, particularly regarding the terms and conditions of employment for the employees covered by the agreement.

The primary legal issue the court had to decide was whether the agreement was fair and met the criteria for approval under the Fair Work Act. This involved examining whether the agreement provided for a fair and reasonable method of determining employees' rates of pay, whether it provided for a fair and reasonable method of determining employees' terms and conditions of employment, and whether it was free from coercion, harassment, or undue influence. The court also considered whether the agreement complied with the procedural requirements of the Act.

In reaching its decision, the court examined the submissions from both parties and the evidence provided. The court determined that the agreement was fair and met the criteria for approval. The court found that the agreement provided for fair and reasonable methods of determining employees' rates of pay and terms and conditions of employment, and that it was free from coercion, harassment, or undue influence. The court also found that the agreement complied with the procedural requirements of the Act.

The Fair Work Commission approved the Enterprise Agreement 2016-2019, dismissing the application for review. The court found that the agreement was fair and met the criteria for approval under the Fair Work Act. The agreement was therefore approved, and the application for review was dismissed.

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