Allied Pinnacle Pty Limited

[2023] FWCA 996

[2023] FWCA 996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allied Pinnacle Pty Limited

(AG2023/725)

ALLIED PINNACLE TAMWORTH ENTERPRISE AGREEMENT 2022 – 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 APRIL 2023

Application for approval of the Allied Pinnacle Tamworth Enterprise Agreement 2022-2025

1. An application has been made for approval of an enterprise agreement to be known as the Allied Pinnacle Tamworth Enterprise Agreement 2022-2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Allied Pinnacle Pty Limited (Employer). The Agreement is a single enterprise agreement.

Application brought out of time

1. I note that the Agreement was made on 7 March 2023, but was filed for approval with the Fair Work Commission on 22 March 2023. Observing that s.185(3)(a) of the Act imposes a 14-day time limit to bring an application of this kind (and that the time is measured by reference to the day an agreement is made), the Applicant has brought this application one day out of time.

1. Despite the Applicant’s non-compliance in this regard, I find that it is fair to extend the period for making the application by one day. I do so in reliance of the power afforded to me by s.185(3)(b) of the Act, and having had regard to all of the circumstances (namely, that the delay is of a short duration, and has not caused prejudice to any employees seeking to be covered by the Agreement).

Undertakings

1. The Employer has provided written undertakings dated 4 April 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

1. The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2023. The nominal expiry date of the Agreement is 1 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A