Allied Pinnacle Pty Limited

[2020] FWCA 6216

[2020] FWCA 6216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Limited
(AG2020/2995)

ALLIED PINNACLE (TRUGANINA) VIC DISTRIBUTION ENTERPRISE AGREEMENT 2019 - 2022

Storage services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 23 NOVEMBER 2020

Application for approval of the Allied Pinnacle (Truganina) VIC Distribution Enterprise Agreement 2019 - 2022.

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

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 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:

•  Clause 10.6 of the Agreement, which provides that redundancy payments will not be made to an employee where the Employer obtains suitable alternative employment, regardless of whether such employment is accepted by the employee;

•  Clauses 22.5 and 23.4 of the Agreement, which provide that notification of an absence for the purposes of personal/carer’s leave and compassionate leave cannot be provided later than the first day or shift; and

•  Clause 25.4 of the Agreement, which provides that the Employer and a majority of affected employees may agree to substitute another day for a public holiday.

[5] The United Workers’ Union being 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.

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 30 November 2020. The nominal expiry date of the Agreement is 1 October 2022.

DEPUTY PRESIDENT

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Annexure A