Allied Pinnacle Pty Limited T/A Allied Pinnacle Pty Limited

[2022] FWCA 3195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allied Pinnacle Pty Limited T/A Allied Pinnacle Pty Limited

(AG2022/3567)

Allied Pinnacle Altona Site Enterprise Agreement 2022-2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER MIRABELLA	MELBOURNE, 15 SEPTEMBER 2022

Application for approval of the Allied Pinnacle Altona Site Enterprise Agreement 2022-2024.

Allied Pinnacle Pty Limited T/A Allied Pinnacle Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Allied Pinnacle Altona Site Enterprise Agreement 2022-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.2 of the Agreement, I am satisfied that 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 15 September 2022 and, in accordance with s.54, will operate from 22 September 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allied Pinnacle Pty Limited, trading as Allied Pinnacle, applied to the Fair Work Commission for approval of the Allied Pinnacle Altona Site Enterprise Agreement 2022-2024. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment within the enterprise agreement, with particular focus on the adequacy and fairness of the proposed conditions.

The central legal issues before the Commission were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning minimum terms and conditions, procedural fairness, and whether the agreement had been genuinely negotiated between the parties. The Commission also had to determine whether the agreement provided for a fair and reasonable outcome for the employees.

In its reasoning, the Commission examined the provisions of the proposed agreement against the statutory minimum terms and conditions set out in the Fair Work Act. The Commission found that while the proposed agreement contained provisions that were generally in line with the minimum standards, there were areas where the terms and conditions could be considered less favourable to the employees. However, the Commission concluded that the agreement had been negotiated in good faith and was fair and reasonable overall. The Commission approved the enterprise agreement, noting the importance of the agreement being tailored to the specific circumstances of the enterprise and the workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established