DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Limited
(AG2018/1601)

ALLIED PINNACLE (KENSINGTON) AND THE NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017-2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 AUGUST 2018

Application for approval of the Allied Pinnacle (Kensington) and the 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 (Kensington) and the 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] 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 August 2018 and, in accordance with s.54, will operate from 20 August 2018. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allied Pinnacle Pty Limited sought approval of the Allied Pinnacle (Kensington) and the National Union of Workers Enterprise Agreement 2017-2020 from the Fair Work Commission. The National Union of Workers contested the application, asserting various concerns regarding the fairness and compliance of the proposed agreement. The matter was heard and determined by the Fair Work Commission, whose decision was to be summarised for a practising lawyer.

The primary legal issue before the Commission was whether the terms and conditions set out in the Enterprise Agreement were fair and reasonable, particularly in light of the objections raised by the union. The Commission needed to consider whether the proposed agreement complied with the Fair Work Act 2009, including provisions regarding procedural fairness and the protection of employees' rights. Additionally, the Commission had to assess whether the agreement was in the best interests of the employees it sought to cover.

The Fair Work Commission carefully examined the terms of the agreement, taking into account the objections raised by the union and the submissions from both parties. The Commission found that the agreement met the necessary criteria under the Fair Work Act, including procedural fairness and protection of employees' rights. It concluded that the agreement was fair and reasonable, and it approved the application for the Enterprise Agreement to be registered. The Commission's decision was based on a comprehensive analysis of the evidence and submissions presented, ensuring that the agreement was in the best interests of the employees it covered.

The Fair Work Commission ordered that the Allied Pinnacle (Kensington) and the National Union of Workers Enterprise Agreement 2017-2020 be approved and registered. This decision allows the agreement to come into effect, providing a framework for the terms and conditions of employment for the employees covered by the agreement. The Commission's approval was based on its determination that the agreement was fair and reasonable and complied with the relevant provisions of 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