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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CaseChat Overview and Summary

The applicant, Allied Pinnacle, sought the approval of the Allied Pinnacle Tennyson Distribution Centre (Drivers) Enterprise Agreement 2020-2022. The respondent, the Transport Workers Union of Australia, opposed the application. The court was tasked with determining whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. The court needed to assess whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, hours of work, and leave entitlements. The union argued that the agreement did not provide for fair and reasonable terms and conditions, particularly in relation to the provisions governing overtime and allowances.

The court considered the submissions from both parties and examined the terms of the agreement. It noted that the union had not raised any specific issues with the agreement but had broadly opposed it on the basis that it did not meet the statutory requirements. The court found that the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, hours of work, and leave entitlements. It also found that the provisions governing overtime and allowances were reasonable and did not disadvantage the employees. The court was satisfied that the agreement met the statutory requirements and approved it.

The court approved the Allied Pinnacle Tennyson Distribution Centre (Drivers) Enterprise Agreement 2020-2022. The union's broad opposition to the agreement was not sufficient to establish that it did not meet the statutory requirements. The court found that the agreement provided for fair and reasonable terms and conditions, and that the provisions governing overtime and allowances were reasonable. The union's concerns about the agreement were not substantiated, and the court was satisfied that the agreement met the statutory requirements. The court's approval of the agreement means that it will now be binding on the employees and the employer.

Allied Pinnacle Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established