Qualia Wine Services Pty Ltd T/A Qualia Wines

[2024] FWCA 4440

[2024] FWCA 4440

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

(AG2024/4120)

QUALIA WINE SERVICES PTY LTD ENTERPRISE BARGAINING AGREEMENT 2024

Wine industry
COMMISSIONER WILSON	MELBOURNE, 12 DECEMBER 2024

Approved - Application for approval of the Qualia Wine Services Pty Ltd Enterprise Bargaining Agreement 2024 – Correction of error s. 281A

1. An application has been made for approval of an enterprise agreement known as the Qualia Wine Services Pty Ltd Enterprise Bargaining Agreement 2024 (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 Wines (the Applicant). The Agreement is a single enterprise agreement.

1. Section 218A provides for the variation of enterprise agreements to correct or amend an obvious error, defect or irregularity and relevantly provides as follows:

“(1) The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).

(2 )The FWC may vary an enterprise agreement under subsection(1);

(a) on its own initiative; or
(b) on application by any of the following:

(i)one or more of the employers covered by the agreement;
(ii)an employee covered by the agreement;
(iii)an employee organisation covered by the agreement.

(3) If the FWC varies an enterprise agreement under subsection (1), the variation operates from the day specified in the decision to vary the agreement.”

1. Before an amendment under s.218A can be made, the Commission must first be satisfied that an obvious error, default or irregularity (whether in substance or form) exists. If it is found that such an error, default of irregularity exists, the Commission may (not must) vary the agreement.

1. Pursuant to s.218A (1), upon correspondence with the Applicant, I am satisfied that the Agreement contains some obvious errors. Pursuant to s.218A (2)(a), these amendments are made upon the initiative of the Commission, without an applicantion by the parties.

1. Pursuant to s.218A of the Act, I order that the Agreement be varied as follows:

1.   Clause 30.1 contains reference to “…clause.29.1 of this Agreement;” this reference is deleted and replaced with “…clause.24.1 of this Agreement”

2.   Clause 2 contains reference to “Clauses 56 and 57;” this reference is deleted and replaced with “clauses 57 and 58”

3.   Clause 3 contains reference to “Wine Industry Award 2010;” this reference is deleted and replaced with “Wine Industry Award 2020”

1. The Applicant has provided written undertakings, see Annexure A below. 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. 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 Workers Union 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

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 19 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527198  PR782362>

Annexure A