Allied Pinnacle Pty Limited T/A Allied Pinnacle

[2023] FWCA 1663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Allied Pinnacle Pty Limited T/A Allied Pinnacle

(AG2023/1564)

ALLIED PINNACLE (MILE END SOUTH AUSTRALIA) AND UNITED WORKERS’ UNION ENTERPRISE AGREEMENT 2022-2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 7 JUNE 2023

Application for approval of the Allied Pinnacle (Mile End South Australia) and United Workers’ Union Enterprise Agreement 2022-2025

Introduction

Allied Pinnacle Pty Limited T/A Allied Pinnacle (the Employer) has made an application for approval of an enterprise agreement known as the Allied Pinnacle (Mile End South Australia) and United Workers’ Union Enterprise Agreement 2022-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the 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.

NES precedence term in Clause 5.2 of the Agreement

Clause 26.3.2 of the Agreement provides that an employee must notify the employer of an absence on personal/carer’s leave not later than one hour prior to commencement of their shift or during the first day or shift, with a satisfactory explanation, but not later, whereas s.107 of the Act provides that notice must be given as soon as practicable (which may be a time after the leave has started). I note that in accordance with the NES precedence term in Clause 5.2 of the Agreement, this clause will be read and interpreted in conjunction with the National Employment Standards (NES).

Section 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 United Workers’ Union (UWU) 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 UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allied Pinnacle Pty Limited, trading as Allied Pinnacle, made an application for the approval of the Allied Pinnacle (Mile End South Australia) and United Workers’ Union Enterprise Agreement 2022-2025. The United Workers’ Union, representing employees of Allied Pinnacle, had entered into the proposed enterprise agreement with Allied Pinnacle. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement contained the required terms and conditions, whether it had been negotiated in good faith, and whether it met the criteria for being a "single, integrated and coherent" document. The Union argued that the agreement was fair and reasonable, while Allied Pinnacle contended that certain provisions were not in line with the Act.

In determining the application, the Commission examined the contents of the proposed agreement and the process by which it was negotiated. The Commission found that the agreement contained all the necessary terms and conditions and had been negotiated in good faith. The Commission also concluded that the agreement was a single, integrated, and coherent document. Consequently, the application for approval was successful.

The Fair Work Commission approved the Allied Pinnacle (Mile End South Australia) and United Workers’ Union Enterprise Agreement 2022-2025, effective from the date of the decision. This decision was based on the Commission's determination that the agreement met all the statutory requirements and was fair and reasonable for both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established