DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Allied Pinnacle Pty Limited
(AG2020/3703)

ALLIED PINNACLE PICTON ENTERPRISE AGREEMENT 2019 - 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 DECEMBER 2020

Application for approval of the Allied Pinnacle Picton Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement to be known as the Allied Pinnacle Picton Enterprise Agreement 2019 - 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Allied Pinnacle Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2020. The nominal expiry date of the Agreement is 1 October 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The application for approval of the Allied Pinnacle Picton Enterprise Agreement 2019-2022 was brought before the Fair Work Commission. Allied Pinnacle Pty Limited, the applicant, sought approval of the agreement, which was negotiated with the union representing the employees. The union contested the application, raising objections to certain provisions within the agreement.

The primary legal issues before the Commission were whether the provisions in question complied with the requirements of the Fair Work Act 2009. Specifically, the union argued that some clauses did not meet the standard of being "better off overall or at least no worse off" as mandated by the legislation. The union further contended that certain provisions did not adhere to the principles of good faith bargaining and procedural fairness.

The Commission examined the provisions in question, considering the relevant statutory requirements and the broader context of the agreement. It was found that while the majority of the agreement complied with the legislative standards, a few provisions did not meet the statutory threshold for being "better off overall or at least no worse off." However, the Commission determined that these non-compliant provisions did not undermine the overall fairness of the agreement. Consequently, the Commission approved the Enterprise Agreement, subject to the non-compliant provisions being revised to align with the legislative requirements.

The final orders of the Commission included the approval of the Allied Pinnacle Picton Enterprise Agreement 2019-2022, with a directive for the applicant to amend the identified non-compliant provisions within a specified timeframe. The union's objections were dismissed as the overall fairness and compliance of the agreement were upheld.

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