Qualia Wine Services Pty Ltd T/A Qualia Wines Summary

[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

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.

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.”

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.

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.

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”

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.

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.

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

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

Annexure A

Qualia Wine Services Pty Ltd, trading as Qualia Wines, sought approval from the Fair Work Commission for a corrected version of the Enterprise Bargaining Agreement 2024. The company, having identified an error in the original agreement, sought to amend it to ensure compliance with the Fair Work Act 2009. The dispute centred on whether the correction of the error was permissible under section 281A of the Act, which allows for the correction of errors in approved agreements.

The legal issue before the Commission was whether the proposed correction of the error was within the scope permitted by the Fair Work Act. Specifically, the Commission had to determine if the correction was a minor technical adjustment that did not materially affect the agreement's terms or if it constituted a significant change requiring re-registration. The company argued that the error was a clerical mistake that did not alter the intended terms of the agreement, while no opposing party contested the correction.

The Fair Work Commission found that the proposed correction was indeed a minor technical adjustment and did not materially alter the intended terms of the original agreement. The Commission emphasised that the error was identified promptly, and the correction was necessary to ensure the agreement's accuracy and compliance with the Fair Work Act. The Commission approved the corrected Enterprise Bargaining Agreement 2024, allowing the amendment to proceed without further complications.

The Fair Work Commission ordered the approval of the corrected Enterprise Bargaining Agreement 2024 for Qualia Wine Services Pty Ltd. The company was directed to take necessary steps to implement the corrected agreement, ensuring that all relevant parties were informed of the changes. The Commission's decision affirmed the company's right to correct errors in approved agreements, provided such corrections did not significantly alter the agreement's terms.

Qualia Wine Services Pty Ltd T/A Qualia Wines

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established