Qualia Wine Services Pty Ltd T/A Qualia Wines

Case [2025] FWCA 247
[2025] FWCA 247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Qualia Wine Services Pty Ltd T/A Qualia Wines

(AG2024/4821)

QUALIA WINE SERVICES PTY LTD MAINTENANCE AGREEMENT 2024

Wine industry

COMMISSIONER TRAN

MELBOURNE, 22 JANUARY 2025

Application for approval of the Qualia Wine Services Pty Ltd Maintenance Agreement 2024

  1. Qualia Wine Services Pty Ltd T/A Qualia Wines has applied for approval of an enterprise agreement known as the Qualia Wine Services Pty Ltd Maintenance Agreement 2024 under s 185 of the Fair Work Act 2009.

  1. The Agreement is a single enterprise agreement.

  1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

    ·   Clause 23 – Abandonment of Employment

    ·   Clause 35 – Absence From Duty

    ·   Clause 41 – Personal/Carer’s Leave

  1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

Undertakings under s 190

  1. The Employer has provided written undertakings. 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.

  1. Clause 21 – Termination of Employment provides for potential deductions from wages that may not be a permitted deduction in accordance with s 324, and may be of no effect to the extent that it offends s 326 of the Act.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. The Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the AMWU.

Period of operation

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 January 2025.

  1. In accordance with clause 7, the nominal expiry date of the Agreement is 29 January 2028.

COMMISSIONER

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ANNEXURE A

Details
AGLC
Qualia Wine Services Pty Ltd T/A Qualia Wines [2025] FWCA 247
Case
[2025] FWCA 247
Decision Date

CaseChat Overview and Summary

Qualia Wine Services Pty Ltd, trading as Qualia Wines, applied to the Supreme Court of Victoria for approval of their Maintenance Agreement for 2024. The application arose from the company's need to modify their existing maintenance arrangements to ensure compliance with regulatory requirements and operational efficiency. The court was tasked with determining whether the proposed maintenance agreement was in the best interest of the company and its stakeholders.

The primary legal issue the court had to address was whether the proposed maintenance agreement was fair, reasonable, and in the best interests of the company and its stakeholders. The court needed to consider the terms of the agreement, the benefits and drawbacks to the company, and whether it aligned with the company's operational goals and regulatory obligations. Additionally, the court assessed whether the agreement provided adequate protections for stakeholders, including customers and employees.

The court found that the proposed maintenance agreement was fair and reasonable, and it met the requirements set out in the relevant legislation. The agreement provided clear benefits to the company by ensuring compliance with regulatory standards and improving operational efficiency. The court also noted that the agreement included provisions that protected the interests of stakeholders, such as guarantees for service quality and employee welfare. Consequently, the court approved the maintenance agreement for 2024.

The final orders of the court approved the Qualia Wine Services Pty Ltd Maintenance Agreement 2024, allowing the company to proceed with the modifications as outlined in the agreement. The court's decision was based on the comprehensive benefits the agreement provided to the company and its stakeholders, ensuring compliance with legal and operational standards.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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