DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qualia Wine Services Pty Ltd
(AG2015/5600)

QUALIA WINE SERVICES PTY LTD ENTERPRISE BARGAINING AGREEMENT 2015

Wine industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 2 OCTOBER 2015

Application for approval of the Qualia Wine Services Pty Ltd Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Qualia Wine Services Pty Ltd Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 9 October 2015. The nominal expiry date of the Agreement is 1 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qualia Wine Services Pty Ltd applied for approval of the Qualia Wine Services Pty Ltd Enterprise Bargaining Agreement 2015, which was made between the company and the Retail and Food Workers Union of Australia. The dispute arose from the company's desire to alter certain terms of employment for its employees, including changes to shift patterns, work hours, and pay rates. The application was heard by the Fair Work Commission (FWC), which was tasked with determining whether the proposed agreement met the legal requirements for approval.

The central legal issues before the Commission were whether the agreement was genuinely a bargain between the parties, whether it complied with the provisions of the Fair Work Act 2009, and whether it met the criteria for a low-paid industry award. The Commission had to examine if the agreement provided for a fair and reasonable outcome for both parties, and if it adhered to the statutory obligations, including the "better off overall test." Additionally, the Commission needed to consider if the agreement was consistent with the principles of the National Employment Standards and the applicable award.

In its decision, the Commission held that the agreement was a genuine enterprise agreement, as it reflected a bargain between the employer and the union. The Commission found that the proposed changes were reasonable and met the better off overall test. It also determined that the agreement complied with the statutory requirements and did not disadvantage employees. The Commission concluded that the agreement was consistent with the principles of the National Employment Standards and the relevant award. Consequently, the Fair Work Commission approved the agreement, finding it met the necessary criteria for endorsement.

The Commission's final order was that the Qualia Wine Services Pty Ltd Enterprise Bargaining Agreement 2015 be approved as a registered agreement. This approval would allow the changes proposed in the agreement to be implemented, subject to the terms and conditions outlined in the approved agreement. The decision confirmed the agreement's validity and provided a framework for the new employment terms to be applied in the workplace.

Qualia Wine Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established