Allied Pinnacle Pty Limited

[2020] FWCA 5835

[2020] FWCA 5835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Limited
(AG2020/2993)

ALLIED PINNACLE TULLAMARINE ENTERPRISE AGREEMENT 2019 - 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 3 NOVEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Allied Pinnacle Tullamarine Enterprise Agreement 2019 - 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 16 October 2020.

[3] On 20 October 2020, 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.

[4] The Applicant has submitted an undertaking in the required form dated 29 October 2020. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  In relation to clauses 13.3-13.5, an apprentice, trainee or junior will be subject to the conditions and pay rates in the Food, Beverage and Tobacco Manufacturing Award 2010 (the Award), with such pay rates being increased by 2.25%.

•  Notwithstanding clause 8.3(c), overtime in accordance with clause 18 of the Agreement will be paid to part-time employees who are required to work in excess of their agreed part-time hours of employment.

•  Notwithstanding clauses 8.4 and 19.7, the casual loading with be part of a casual employee’s all purpose rate and is payable in addition to any applicable penalties and overtime.

•  In relation to clause 16.1, an employee’s ordinary working hours will not exceed an average of 38 hours per week to be worked between either 5.00am and 5.00pm or 6.00am and 6.00pm, Monday to Friday over a work cycle of up to 12 weeks.

•  Notwithstanding 19.6, the early morning shift loading will be payable for all ordinary hours worked on such shift.

•  An employee who works on an afternoon or night shift which does not continue for at least five successive afternoon or nights shifts or for at least 38 ordinary hours will be paid for each shift 50% extra for the first three hours and 100% extra for the remaining hours, in lieu of the shift loading.

•  Except where any alternative arrangement is entered into by agreement between the Applicant and the employee concerned, an employee who is required to work beyond 6 ordinary hours without receiving the required meal break shall receive payment at the rate of 150% for all work done during meal time and thereafter until a meal break is taken.

[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.

[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.

[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 30 September 2022.

COMMISSIONER

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