DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Limited
(AG2018/3069)

ALLIED PINNACLE MILE END SOUTH AUSTRALIA AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018-2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Allied Pinnacle Mile End South Australia and National Union of Workers Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Allied Pinnacle Mile End South Australia and National Union of Workers Enterprise Agreement 2018-2020 (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] Written undertakings have been given in accordance with s.190. 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 September 2018. The nominal expiry date of the Agreement is 16 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Allied Pinnacle Pty Limited, sought approval for the Allied Pinnacle Mile End South Australia and National Union of Workers Enterprise Agreement 2018-2020 from the Fair Work Commission. The respondents were the National Union of Workers and various employees. The dispute centred on whether the agreement met the legal standards for enterprise agreements as set out in the Fair Work Act 2009. Specifically, the application raised questions about the agreement's compliance with the 'independent' and 'no protected action' tests, as well as its fairness in terms of the employees' rights and obligations.

The Fair Work Commission examined the submissions and evidence presented by both parties, focusing on the procedural fairness of the agreement and its adherence to the statutory requirements. The Commission considered the process by which the agreement was negotiated, the consultation with employees, and the terms of the agreement itself. It was particularly important to determine whether the agreement was genuinely negotiated and if it contained provisions that were detrimental to the employees' rights without their informed consent. The Commission also evaluated if the agreement complied with the 'no protected action' test, which prohibits enterprise agreements from containing terms that would otherwise require protected industrial action.

After careful consideration, the Fair Work Commission found that the application met the necessary criteria for approval. The agreement was deemed to have been genuinely negotiated and was fair and reasonable in terms of the employees' rights and obligations. The Commission concluded that the agreement was not contrary to public policy and that it was in the best interests of the employees and the employer. The Commission approved the application, allowing the agreement to proceed as an approved enterprise agreement.

The final orders of the Fair Work Commission included the approval of the Allied Pinnacle Mile End South Australia and National Union of Workers Enterprise Agreement 2018-2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were bound by its terms. The decision was binding and enforceable under the Fair Work Act 2009.

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