DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Limited
(AG2020/3812)

ALLIED PINNACLE (NORTH FREMANTLE) AND THE UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020 - 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JANUARY 2021

Application for approval of the Allied Pinnacle (North Fremantle) and the United Workers Union Enterprise Agreement 2020 - 2022.

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

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 5 January 2021 and, in accordance with s 54, will operate from 12 January 2021. The nominal expiry date of the Agreement is 10 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Allied Pinnacle Pty Limited sought approval for the Allied Pinnacle (North Fremantle) and the United Workers Union Enterprise Agreement 2020 - 2022. The dispute centred on the interpretation and application of the Fair Work Act 2009, specifically the requirements for the approval of enterprise agreements.

The primary legal issue was whether the agreement met the statutory criteria for approval, including whether it contained all necessary provisions, was free from prohibited content, and was in the best interests of the employees. Allied Pinnacle argued that the agreement was comprehensive and in the employees' best interests, while the United Workers Union supported the agreement, stating it provided fair terms and conditions.

The Commission found that the agreement contained all required provisions, was free from prohibited content, and was in the best interests of the employees. It concluded that the agreement provided a fair and reasonable balance of rights and obligations for both parties. The Commission approved the agreement, noting the parties' cooperation in reaching a mutually beneficial outcome.

The Fair Work Commission approved the Allied Pinnacle (North Fremantle) and the United Workers Union Enterprise Agreement 2020 - 2022. The Commission found that the agreement met the statutory criteria for approval and was in the best interests of the employees. The approval took effect from the date of the decision.

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