Qualia Wine Services Pty Ltd T/A Qualia Wines

[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