DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Limited
(AG2020/2118)

ALLIED PINNACLE TAMWORTH ENTERPRISE AGREEMENT 2019 – 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 10 AUGUST 2020

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

[1] An application has been made for approval of an enterprise agreement to be known as the Allied Pinnacle Tamworth 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] The Employer has provided written undertakings dated 6 August 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

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

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 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, the employer, sought approval for the Allied Pinnacle Tamworth Enterprise Agreement 2019 - 2022 from the Fair Work Commission. The agreement pertained to the employment terms and conditions of the company’s employees, who were represented by the Transport Workers Union of Australia, the Australian Manufacturing Workers Union, and the United Voice. The Commission had to decide if the agreement met the requisites of the Fair Work Act 2009, specifically if it was a ‘better off overall test’ agreement and if it was appropriately made.

The primary legal issue was whether the agreement satisfied the 'better off overall test' as required by the Fair Work Act. This test ensures that the terms and conditions of employment in the agreement are no less favourable than the relevant award or safety net provisions. The second issue was whether the agreement was made in accordance with the procedures outlined in the Fair Work Act. This included verifying if genuine agreement had been achieved and if the necessary consultations and negotiations had taken place.

The Commission found that the agreement did indeed satisfy the 'better off overall test', as it provided for wages and conditions that were at least as favourable as the safety net. The evidence presented demonstrated that the agreement was the result of genuine bargaining efforts, fulfilling the procedural requirements under the Act. The Commission approved the Allied Pinnacle Tamworth Enterprise Agreement 2019 - 2022, recognising it as a genuine agreement made in accordance with the legislative framework.

The Fair Work Commission approved the Allied Pinnacle Tamworth Enterprise Agreement 2019 - 2022. The decision confirmed that the agreement met the necessary legal standards and provided for fair and favourable terms and conditions for the employees. The approval was based on the evidence that the agreement was genuinely negotiated and met the 'better off overall test' as required by the Fair Work Act.

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