DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Limited
(AG2018/2386)

ALLIED PINNACLE (BALLARAT) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017 - 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 22 OCTOBER 2018

Application for approval of the Allied Pinnacle (Ballarat) & National Union of Workers Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Allied Pinnacle (Ballarat) & National Union of Workers Enterprise Agreement 2017 - 2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Allied Pinnacle Pty Limited, sought approval for the Allied Pinnacle (Ballarat) & National Union of Workers Enterprise Agreement 2017 - 2020 from the Fair Work Commission. The applicant, a company operating in the aged care sector, argued that the proposed agreement, which was negotiated with the union representing the employees, contained terms and conditions of employment that were fair and reasonable. The union contended that the terms of the agreement were necessary to provide fair and adequate protections for the employees.

The primary legal issues before the Commission were whether the proposed agreement contained terms and conditions that were fair and reasonable, and whether the agreement had been made in accordance with the relevant legislative requirements. The Commission considered the fairness and reasonableness of the proposed agreement's terms and conditions, including its provisions on wages, hours of work, and other employment-related matters. The Commission also examined whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission determined that the proposed agreement contained terms and conditions that were fair and reasonable. The Commission found that the agreement provided adequate protections for the employees and was made in accordance with the relevant legislative requirements. The Commission approved the proposed agreement, subject to certain minor modifications to address technical issues.

The Fair Work Commission approved the Allied Pinnacle (Ballarat) & National Union of Workers Enterprise Agreement 2017 - 2020, subject to certain minor modifications. The applicant and the union were directed to implement the approved agreement, which would provide the terms and conditions of employment for the employees covered by the agreement. The Commission's decision provides guidance to employers and unions on the types of terms and conditions that may be included in an enterprise agreement and the requirements that must be met for an agreement to be approved by the Commission.

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