Allied Pinnacle Pty Limited

[2023] FWCA 616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allied Pinnacle Pty Limited

(AG2023/342)

ALLIED PINNACLE PICTON ENTERPRISE AGREEMENT 2022-2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER P RYAN	SYDNEY, 24 FEBRUARY 2023

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

Allied Pinnacle Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Allied Pinnacle Picton Enterprise Agreement 2022-2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

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

Section 183 Bargaining Representatives

The Australia Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 3 March 2023. The nominal expiry date of the Agreement is 1 October 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Allied Pinnacle Pty Limited sought approval of the Allied Pinnacle Picton Enterprise Agreement 2022 - 2025 from the Fair Work Commission. The applicant argued that the agreement, which was to be made under the Fair Work Act 2009, should be approved as it met the necessary requirements and provided for fair and equitable terms for both employees and the employer.

The legal issues before the court centred around whether the agreement complied with the Fair Work Act and whether it provided for terms and conditions of employment that were fair and reasonable. This involved examining whether the agreement was appropriately negotiated, whether it met the requirements for "better off overall" and "no worse off overall" tests, and whether it contained necessary provisions regarding pay rates, classification, and other employment conditions.

The court found that the agreement met all necessary statutory requirements and provided for fair and reasonable terms of employment. It was appropriately negotiated, met the "better off overall" and "no worse off overall" tests, and contained provisions for pay rates, classification, and other employment conditions. Therefore, the court approved the agreement, finding that it met the necessary legal standards and provided for fair and equitable terms of employment for both parties.

The final orders of the court were that the Allied Pinnacle Picton Enterprise Agreement 2022 - 2025 be approved and registered under the Fair Work Act. This decision provided certainty for both the applicant and its employees regarding the terms and conditions of their employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established