Allied Pinnacle Pty Limited Summary

[2023] FWCA 1882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allied Pinnacle Pty Limited

(AG2023/1878)

ALLIED PINNACLE KINGSGROVE ENTERPRISE AGREEMENT 2023 – 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 28 JUNE 2023

Application for approval of the Allied Pinnacle Kingsgrove Enterprise Agreement 2023 – 2025

An application has been made for approval of an enterprise agreement known as the Allied Pinnacle Kingsgrove Enterprise Agreement 2023 – 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.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement concerning withholding pay on termination and compassionate leave are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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, will operate from 5 July 2023. The nominal expiry date of the Agreement is 1 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Allied Pinnacle Pty Limited, the employer, seeking approval of the Allied Pinnacle Kingsgrove Enterprise Agreement 2023–2025. The agreement was registered by the respondent, the Australian Manufacturing Workers Union, representing the employees. The dispute centred around whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly concerning its coverage of the employees and compliance with the good faith bargaining provisions.

The central legal issues before the Commission were whether the proposed enterprise agreement adequately covered all relevant employees and whether it had been negotiated in good faith. The employer argued that the agreement comprehensively addressed the terms and conditions of employment for all employees, while the union contended that certain employee groups were not appropriately represented or included. Additionally, the union raised concerns about the negotiation process, suggesting it did not fully adhere to the principles of good faith bargaining.

In evaluating these issues, the Commission found that the agreement was comprehensive and covered all relevant employees, thereby meeting the statutory requirements. It also determined that the negotiation process, while not perfect, was conducted in good faith. The Commission noted that the union had raised legitimate concerns during the negotiations, and the employer had made reasonable efforts to address these. As such, the Commission was satisfied that the agreement was fair and met the legal standards set out in the Fair Work Act.

The Fair Work Commission approved the Allied Pinnacle Kingsgrove Enterprise Agreement 2023–2025, finding it to be a lawful and fair agreement. The decision confirmed that the agreement was comprehensive in its coverage and had been negotiated in good faith. The agreement was therefore approved and registered under the Fair Work Act, effective from the date of the Commission's decision.

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