Allied Pinnacle Pty Limited T/A Allied Pinnacle
[2023] FWCA 1663
•7 JUNE 2023
| [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
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