DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Limited
(AG2019/1355)

ALLIED PINNACLE ALTONA SITE ENTERPRISE AGREEMENT 2019-2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 14 JUNE 2019

Application for approval of the Allied Pinnacle Altona Site Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Allied Pinnacle Altona Site Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allied Pinnacle Pty Limited. 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 referred to above, 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.

[4] The National Union of Workers 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allied Pinnacle Pty Limited applied for approval of the Allied Pinnacle Altona Site Enterprise Agreement 2019-2021. The application was made to the Fair Work Commission by the company, and the relevant unions contested the application. The dispute centred on the proposed terms and conditions of employment within the agreement, including issues related to wage rates, leave entitlements, and other workplace arrangements. The Fair Work Commission was tasked with determining whether the proposed agreement was in compliance with the relevant legislative framework, specifically the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement contained terms that were unfair within the meaning of the Fair Work Act. The unions argued that certain provisions of the agreement were unfair as they adversely affected the employees' terms and conditions of employment. The Commission had to examine each contested provision in light of the Act's fairness test, which requires considering whether a reasonable person would conclude that the terms and conditions are fair and reasonable in all the circumstances. The Commission also needed to assess whether the agreement met the requirements for good faith bargaining and whether the appropriate procedures for negotiating the agreement had been followed.

After considering the submissions from both parties and the evidence presented, the Fair Work Commission determined that the proposed enterprise agreement was fair. The Commission found that the terms and conditions proposed in the agreement were not unfair, and it concluded that the bargaining process had been conducted in good faith. The Commission approved the Allied Pinnacle Altona Site Enterprise Agreement 2019-2021, finding that it met the legislative requirements and was fair to the employees. The decision was made in accordance with the principles set out in the Fair Work Act and the relevant case law. The Fair Work Commission's approval of the agreement was based on the evidence and arguments presented, and the decision is binding on the parties involved.

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