Qualia Wine Services Pty Ltd T/A Qualia Wine Services

[2018] FWCA 437

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Qualia Wine Services Pty Ltd T/A Qualia Wine Services

(AG2017/6455)

Qualia Wine Services Pty Ltd Enterprise Bargaining Agreement 2017

Wine industry
Commissioner wilson	MELBOURNE, 22 JANUARY 2018

Application for approval of the Qualia Wine Services Pty Ltd Enterprise Bargaining Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Qualia Wine Services Pty Ltd Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qualia Wine Services Pty Ltd T/A Qualia Wine Services. The Agreement is a single enterprise agreement.

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.

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.

The Australian Workers’ Union (AWU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2018. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qualia Wine Services Pty Ltd, trading as Qualia Wine Services, applied for approval of its 2017 Enterprise Bargaining Agreement (EBA) before the Fair Work Commission. The applicant, representing wine services employees, sought to establish terms and conditions for its workforce through the EBA. The application faced opposition from the Australian Services Union, which raised concerns about the fairness and compliance of the proposed agreement with relevant employment laws.

The primary legal issues revolved around whether the EBA met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the EBA was made in good faith and if it complied with the relevant provisions of the Act. Additionally, the court considered whether the EBA adequately protected the interests of employees, including those who were not members of the union.

The Fair Work Commission, after reviewing the evidence and submissions, found that the EBA was made in good faith and complied with the statutory requirements. The Commission emphasised that the EBA provided for fair and reasonable terms and conditions of employment, addressing the concerns raised by the union. The court acknowledged that the EBA provided adequate protections and benefits to the employees, and it was consistent with the principles of the Fair Work Act. Consequently, the Commission approved the EBA.

In its decision, the Fair Work Commission approved the 2017 Enterprise Bargaining Agreement between Qualia Wine Services Pty Ltd and its employees. The Commission found that the agreement was made in good faith and met all statutory requirements. The court's approval ensures that the terms and conditions outlined in the EBA are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established