Accolade Wines Australia Ltd

[2019] FWCA 8525

[2019] FWCA 8525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Accolade Wines Australia Ltd
(AG2019/4678)

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

Wine industry
COMMISSIONER PLATT	ADELAIDE, 18 DECEMBER 2019

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

[1] On 4 December 2019, Accolade Wines Australia Ltd (the Applicant) made an application to terminate the Accolade Wines Australia Ltd - (Stanley Wines) Enterprise Agreement 2016 - 2019 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] On 9 December 2019, I issued Directions requiring the Applicant to provide a copy of the Directions to all employees and employee organisations covered by the Agreement and to provide written confirmation that this had occurred.

[3] On the same day, the Australian Workers’ Union replied advising that it did not oppose the Application.

[4] On 9 December 2019, the Applicant was requested to confirm that there are no employees who are covered by the Agreement as stated in their application. Confirmation via statutory declaration of Ms Sonia Briggs was received on 16 December 2019 stating that on 30 September 2019 the Applicant sold 100% of its shares to Duxton Vineyards with the employment of all employees covered by the Agreement terminated no later than 30 September 2019. Duxton Vineyards subsequently confirmed that there were no employees covered by the Agreement.

[5] Pursuant to s.225 of the Act, I am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[6] The termination will come into effect from 18 December 2019.

COMMISSIONER

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