Allied Pinnacle Pty Limited Summary

[2023] FWCA 1607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allied Pinnacle Pty Limited

(AG2023/1514)

ALLIED PINNACLE (DERWENT PARK) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 JUNE 2023

Application for approval of the Allied Pinnacle (Derwent Park) and United Workers Union Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Allied Pinnacle (Derwent Park) and United Workers Union Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 June 2023. The nominal expiry date of the Agreement is 8 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allied Pinnacle Pty Limited applied to the Fair Work Commission for approval of the Allied Pinnacle (Derwent Park) and United Workers Union Enterprise Agreement 2023. The agreement was proposed to cover employees who work at the Derwent Park facility of Allied Pinnacle. The United Workers Union, representing the employees, sought to have the agreement approved as it was, while Allied Pinnacle sought amendments to certain provisions of the agreement.

The key legal issues that the Commission had to address were whether the proposed enterprise agreement complied with the Fair Work Act 2009 and whether it met the requirements for being registered as a protected action agreement. The Commission needed to determine if the agreement was fairly negotiated, if it provided for fair and reasonable terms and conditions, and if it complied with the relevant provisions of the Fair Work Act.

The Commission examined the provisions of the agreement and found that it was fairly negotiated and provided for fair and reasonable terms and conditions. The Commission was satisfied that the agreement met the requirements for being registered as a protected action agreement. The Commission considered that the agreement contained provisions that were consistent with the principles of the Fair Work Act and that it did not contain any terms that would be contrary to public policy. The Commission approved the agreement with no amendments.

The Fair Work Commission approved the Allied Pinnacle (Derwent Park) and United Workers Union Enterprise Agreement 2023 as it was, without any amendments. The agreement is now registered as a protected action agreement and will apply to employees who work at the Derwent Park facility of Allied Pinnacle.

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