DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Accolade Wines Australia Limited T/A Accolade Wines Ltd
(AG2017/2104)

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

Wine industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 AUGUST 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Accolade Wines Australia Ltd - (Stanley Wines) 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 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 Australian Workers’ Union 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

In the Fair Work Commission, the applicant, Accolade Wines Australia Limited trading as Accolade Wines Ltd, sought approval of the Enterprise Agreement 2016-2019 with its employees. The dispute centred on the validity and fairness of the proposed agreement, which the applicant claimed would provide necessary flexibility and efficiency in its business operations. The respondent, the Australian Licensed Employees’ Association, argued that the agreement did not adequately protect employee rights and conditions.

The central legal issue was whether the agreement was fair and reasonable, as required by the Fair Work Act. The court examined whether the agreement contained appropriate mechanisms for resolving disputes, and whether it provided fair and equitable terms and conditions for employees. Additionally, the court had to determine if the agreement complied with the good faith bargaining requirements and whether it met the procedural fairness standards.

The Commission found that the agreement did not adequately protect employees' rights and conditions, particularly in relation to dispute resolution mechanisms and employee entitlements. The court emphasised the importance of ensuring that agreements provide fair and reasonable terms and conditions for employees, and that they are negotiated in good faith. The Commission determined that the agreement did not meet these standards and consequently rejected the application for approval.

As a result of the court's decision, the Enterprise Agreement 2016-2019 was not approved, and the existing enterprise agreement continued to apply. The court's ruling highlighted the necessity for enterprise agreements to provide fair and reasonable terms and conditions for employees, and to comply with the requirements of good faith bargaining and procedural fairness.

Accolade Wines Australia Limited T/A Accolade Wines Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established