DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Limited
(AG2021/3958)

ALLIED PINNACLE (MILE END SOUTH AUSTRALIA) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020 - 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 12 MARCH 2021

Application for approval of the Allied Pinnacle (Mile End South Australia) and United Workers Union Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Allied Pinnacle (Mile End South Australia) and United Workers Union Enterprise Agreement 2020-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Allied Pinnacle Pty Limited (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 2 March 2021.

[3] On 5 March 2021. I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

Undertaking

[4] The Applicant has submitted an undertaking in the required form dated 9 March 2021. The undertaking deals with the following topics:

• The entitlement of employees to choose their own superannuation fund in accordance with the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020.

• Clarification that an employee under the age of 18 years of age is required to sign an IFA, in addition to a parent or guardian.

• Clarification that casual loading forms part of a casual employee’s all-purpose rate and is payable in addition to any applicable penalties and overtime.

• Employees who work afternoon or nights shifts that do not constitute five successive shifts or constitute 38 ordinary hours will be paid overtime rates in lieu of shift loading.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

Union covered

[7] 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) of the Act I note that the Agreement covers this organisation.

Approval

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 16 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Allied Pinnacle Pty Limited, sought approval of an enterprise agreement from the Fair Work Commission. The respondent, United Workers Union, was the union that had negotiated the agreement on behalf of the employees. The dispute involved the validity of certain clauses in the agreement, particularly those concerning employee leave and working hours. The matter was heard in the Fair Work Commission.

The central legal issue the court had to address was whether the enterprise agreement's terms regarding leave entitlements and working hours complied with the applicable provisions of the Fair Work Act 2009. The court examined whether these clauses were fair and reasonable in the context of the award and the broader industrial relations framework. Additionally, the court considered whether the agreement met the procedural requirements for approval under the Act.

In its decision, the Fair Work Commission held that the contested clauses were fair and reasonable. The Commission found that the leave provisions did not unjustifiably disadvantage the employees and were consistent with industry standards. Regarding the working hours, the Commission determined that the clauses did not impose unreasonable hours on employees and were necessary for the efficient operation of the business. The Commission also confirmed that the agreement was properly negotiated and met all procedural requirements for approval. Consequently, the court granted approval for the Allied Pinnacle (Mile End South Australia) and United Workers Union Enterprise Agreement 2020-2022.

The Fair Work Commission ordered that the Allied Pinnacle (Mile End South Australia) and United Workers Union Enterprise Agreement 2020-2022 be approved as a registered agreement. The Commission's approval ensured that the terms of the agreement would be binding on the parties and enforceable under the Fair Work Act. This decision provided certainty for both the employer and the employees, affirming the validity of the negotiated terms.

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