DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Limited
(AG2021/4634)

ALLIED PINNACLE (BALLARAT) & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020 – 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 5 MAY 2021

Application for approval of the Allied Pinnacle (Ballarat) & United Workers Union Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Allied Pinnacle (Ballarat) & United Workers Union Enterprise Agreement 2020 - 2023 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 9 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The United 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.

[7] The Agreement is approved and in accordance with s.54, will operate from 12 May 2021. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Allied Pinnacle Pty Limited, the applicant, sought approval of the Allied Pinnacle (Ballarat) & United Workers Union Enterprise Agreement 2020 - 2023 from the Fair Work Commission, the tribunal of first instance. The respondents were the United Workers Union and Allied Pinnacle Pty Limited. The dispute arose under the Fair Work Act 2009, specifically concerning the process and criteria for approving an enterprise agreement. The Commission was tasked with determining whether the agreement met the legislative requirements for approval.

The central legal issue before the Commission was whether the enterprise agreement satisfied the criteria for approval as stipulated in the Fair Work Act. This involved examining whether the agreement had been made in good faith and whether it included appropriate provisions for the resolution of disputes. Additionally, the Commission needed to determine whether the agreement met the minimum standards for employees and whether it had been fairly negotiated.

The Fair Work Commission found that the agreement was made in good faith and contained appropriate dispute resolution provisions. The Commission concluded that the agreement met the minimum standards set out in the Fair Work Act and was fairly negotiated. The Commission was satisfied that all necessary criteria for approval had been met. Consequently, the Commission approved the Allied Pinnacle (Ballarat) & United Workers Union Enterprise Agreement 2020 - 2023.

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