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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allied Pinnacle Pty Limited was before the Fair Work Commission, in this instance a single member of the Commission, who was required to consider whether to approve the Allied Pinnacle (Truganina) VIC Distribution Enterprise Agreement 2019 - 2022. The applicant, Allied Pinnacle, sought approval of the agreement, which had been negotiated between the employer and the Retail and Fast Food Workers' Union. The dispute centred on the fairness and appropriateness of the terms and conditions outlined in the agreement, particularly in relation to the employees' remuneration and conditions of work.

The central legal issue was whether the agreement met the requirements of section 231 of the Fair Work Act 2009, specifically whether the agreement provided for fair and reasonable terms and conditions for the employees. The Commission had to assess if the agreement contained provisions that were procedurally and substantively fair. This included examining whether the agreement provided for reasonable working hours, appropriate remuneration, and adequate leave entitlements, among other considerations.

The Commission, after reviewing the submissions and evidence presented by the parties, concluded that the agreement was fair and reasonable. The Commission found that the agreement provided for appropriate terms and conditions that were in line with industry standards and practices. The Commission also noted that the agreement had been negotiated in good faith and that there was no evidence of any undue influence or coercion exerted by the employer on the employees or the union. Accordingly, the Commission approved the Allied Pinnacle (Truganina) VIC Distribution Enterprise Agreement 2019 - 2022.

The final order of the Commission was that the agreement be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement would then apply to the employees covered by the agreement, providing them with the terms and conditions outlined in the agreement for the duration of the agreement.

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