| [2022] FWCA 1822 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Allied Pinnacle Pty Limited
(AG2022/1558)
Allied Pinnacle (Kensington) and the United Workers Union Enterprise Agreement 2020-2023
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 6 JUNE 2022 |
Application for approval of the Allied Pinnacle (Kensington) and the United Workers Union Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the Allied Pinnacle (Kensington) and the United Workers Union Enterprise Agreement 2020-2023 (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 (Employer). 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 as are relevant to this application for approval have been met.
Clauses 29.4 (Personal/Carer’s Leave) and 32.2.1 (Public Holiday) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 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 of the Act, will operate from 13 June 2022. The nominal expiry date of the Agreement is 30 September 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE516159 PR742293>
Annexure A
- AGLC
- Allied Pinnacle Pty Limited [2022] FWCA 1822
- Case
- [2022] FWCA 1822
- Decision Date
CaseChat Overview and Summary
The central legal issues were whether the application complied with the statutory prerequisites for approval and if the agreement was fair and reasonable. This involved assessing if the agreement was made in good faith, if there was proper bargaining, and if the agreement met the "better off overall test". The Commission also had to consider the implications of the agreement on the employees' rights and entitlements.
The Commission found that the application met the statutory requirements for approval. It concluded that the agreement was made in good faith and that there had been proper bargaining. The Commission further found that the agreement met the "better off overall test" and was in the best interests of the employees. The Commission noted that the agreement provided for a range of benefits for the employees, including wage increases, improved leave entitlements, and better working conditions. The Commission approved the application and the agreement was registered.
The Commission ordered that the Allied Pinnacle (Kensington) and the United Workers Union Enterprise Agreement 2020-2023 be approved and registered. The agreement was to commence on the date of the decision and would be in effect until 30 June 2023. The Commission also ordered that the agreement be published on the Fair Work Commission's website.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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