Allied Pinnacle Pty Limited

[2021] FWCA 3351

[2021] FWCA 3351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Limited
(AG2021/5266)

ALLIED PINNACLE TENNYSON DISTRIBUTION CENTRE (DRIVERS) ENTERPRISE AGREEMENT 2020-2022

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 9 JUNE 2021

Application for approval of the Allied Pinnacle Tennyson Distribution Centre (Drivers) Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Allied Pinnacle Tennyson Distribution Centre (Drivers) Enterprise Agreement 2020-2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allied Pinnacle Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

[3] Noting clause 1.7 of the Agreement, 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.

[4] The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the TWU wants the Agreement to cover it.

[5] In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

[6] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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