DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Limited
(AG2017/5737)

ALLIED PINNACLE TRUGANINA VIC DISTRIBUTION ENTERPRISE AGREEMENT 2016 - 2019

Storage services
COMMISSIONER WILSON	MELBOURNE, 13 DECEMBER 2017

Application for approval of the Allied Pinnacle Truganina VIC Distribution Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Allied Pinnacle Truganina VIC Distribution Enterprise Agreement 2016 - 2019 (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 Applicant 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 20 December 2017. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allied Pinnacle Pty Limited sought approval of a distribution enterprise agreement for the Truganina, VIC, region, spanning 2016 to 2019. The application was made to the Fair Work Commission. The central issue before the Commission was whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009, specifically if it met the criteria for being a genuine enterprise agreement. The Commission needed to determine if the agreement was genuinely negotiated between the employer and the employees and if it was made in good faith.

The Fair Work Commission examined the process through which the agreement was negotiated, considering the participation of employees' representatives and the employer's efforts to reach a consensus. The Commission assessed the documentation and submissions to ensure that the agreement was indeed a product of genuine negotiations and was not imposed unilaterally. It also considered whether the agreement provided for fair terms and conditions, including wages, hours of work, and other employment-related matters. The Commission found that the negotiation process was robust and that the terms of the agreement were fair and reasonable. Therefore, the application was approved.

The Commission determined that the Allied Pinnacle Truganina VIC Distribution Enterprise Agreement 2016-2019 met all the statutory requirements under the Fair Work Act 2009. The agreement was approved as a genuine enterprise agreement, effective from the date of the decision. The Commission's decision was based on the thorough negotiation process and the fairness of the terms included in the agreement. The final orders included the approval of the enterprise agreement and its enforcement from the date of the decision, ensuring that it would govern the employment conditions for the specified period.

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