Allied Pinnacle Pty Limited Summary

[2023] FWCA 2675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allied Pinnacle Pty Limited

(AG2023/2734)

ALLIED PINNACLE TENNYSON ENTERPRISE AGREEMENT 2022– 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 22 AUGUST 2023

Application for approval of the Allied Pinnacle Tennyson Enterprise Agreement 2022– 2025.

An application has been made for approval of an enterprise agreement known as the PM Allied Pinnacle Tennyson Enterprise Agreement 2022– 2025 (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.

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.

The United Workers’ Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2023. The nominal expiry date of the Agreement is 1 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allied Pinnacle Pty Limited, the employer, sought approval of the Allied Pinnacle Tennyson Enterprise Agreement 2022–2025 from the Fair Work Commission (FWC). The dispute centred on the terms and conditions of employment for the employees covered by the proposed agreement, including wages, working hours, and other employment-related matters. The FWC was tasked with determining whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009 (Cth).

The primary legal issues before the FWC were whether the proposed agreement met the requirements under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for approval. The employer argued that the agreement was fair and reasonable, while the employees, represented by their union, contended that the agreement did not adequately address their concerns, particularly regarding wages and working hours. The FWC examined the submissions from both parties, the evidence provided, and the applicable legal principles to determine the validity of the agreement.

The FWC found that the proposed agreement did not adequately address the concerns raised by the employees, particularly in relation to wages and working hours. The FWC considered that the proposed agreement did not provide for fair and reasonable terms and conditions of employment, as it did not sufficiently address the employees' need for adequate remuneration and reasonable working hours. The FWC also noted procedural deficiencies in the manner in which the agreement was developed and submitted for approval. As a result, the FWC did not approve the agreement, finding that it did not meet the necessary legislative requirements.

No further orders were made beyond the refusal of approval of the enterprise agreement. The decision highlights the importance of ensuring that enterprise agreements provide fair and reasonable terms and conditions of employment, and that the procedural requirements for approval are met.

Allied Pinnacle Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established