DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Limited
(AG2017/5415)

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

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 21 NOVEMBER 2017

Application for approval of the Allied Pinnacle (North Fremantle) 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 (North Fremantle) 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Allied Pinnacle Pty Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2017. The nominal expiry date of the Agreement is 10 March 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the matter of Allied Pinnacle Pty Limited was brought before the Court for the purpose of seeking approval for the Allied Pinnacle (North Fremantle) and the National Union of Workers Enterprise Agreement 2017-2020. The application was made by the employer, Allied Pinnacle Pty Limited, and the National Union of Workers was the respondent. The primary issue before the Court was whether the Enterprise Agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved scrutinising the agreement to ensure it adhered to provisions regarding bargaining, fairness, and public interest considerations.

The legal issues that the Court had to decide included whether the agreement was the product of genuine bargaining between the parties, if it complied with the procedural fairness requirements, and whether it contained terms that were in the public interest. The Court needed to determine if the agreement was made without any coercion, if it had been fairly negotiated, and if it contained terms that were not detrimental to the public interest. Additionally, the Court was required to examine if the agreement had been made in good faith and if it contained provisions that were not contrary to the overarching objectives of the Fair Work Act.

In delivering the judgment, the Court found that the Enterprise Agreement was indeed the result of genuine bargaining between the employer and the union. The Court was satisfied that the agreement had been negotiated in good faith and that it contained terms that were fair and in the public interest. The Court concluded that the agreement met all the necessary criteria for approval under the Fair Work Act, including the compliance with procedural fairness and the absence of any terms that were contrary to the public interest. As a result, the Court approved the Allied Pinnacle (North Fremantle) and the National Union of Workers Enterprise Agreement 2017-2020.

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