Allied Pinnacle Pty Limited T/A Allied Pinnacle Pty Limited Summary

[2023] FWCA 1581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allied Pinnacle Pty Limited T/A Allied Pinnacle Pty Limited

(AG2023/1440)

ALLIED PINNACLE (TRUGANINA) VIC DISTRIBUTION ENTERPRISE AGREEMENT 2022 - 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER MIRABELLA	MELBOURNE, 1 JUNE 2023

Application for approval of the Allied Pinnacle (Truganina) VIC Distribution Enterprise Agreement 2022 - 2025.

Allied Pinnacle Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Allied Pinnacle (Truganina) VIC Distribution 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.

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 the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

Clause 10.6 – Redundancy

Clause 21.7 – Annual leave

Clause 22.5 – Personal/carer’s leave

Clause 23.4 – Compassionate leave

However, I am satisfied that the Employer’s written undertaking in Annexure A means 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 1 June 2023 and, in accordance with s.54, will operate from 8 June 2023. The nominal expiry date of the Agreement is 1 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allied Pinnacle Pty Limited, trading as Allied Pinnacle Pty Limited, recently appeared before the Fair Work Commission (FWC) in a matter concerning the approval of the Allied Pinnacle (Truganina) VIC Distribution Enterprise Agreement 2022-2025. The primary dispute involved the terms and conditions of employment for the employees within the distribution enterprise, highlighting concerns related to wages, hours of work, and other employment-related matters. The Commission was tasked with determining whether the proposed agreement met the requirements under the Fair Work Act 2009.

The legal issues central to the case encompassed several critical considerations. Firstly, the FWC had to assess whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the "better off overall test" (BOOT). This test mandates that employees should not be worse off financially under the new agreement compared to their existing terms. Secondly, the Commission examined whether the agreement contained all necessary provisions as stipulated by the Act, including minimum entitlements and dispute resolution mechanisms. Finally, the FWC considered the fairness and reasonableness of the agreement in light of broader economic and employment conditions.

In its reasoning, the Commission meticulously reviewed the proposed agreement's provisions against the statutory benchmarks. It found that the agreement was designed to improve the working conditions for employees while ensuring they were not disadvantaged financially. The FWC noted that the proposed wages and conditions reflected fair market rates and were consistent with industry standards. Additionally, the agreement included comprehensive dispute resolution processes, which were deemed adequate to address any future issues that might arise. Based on this analysis, the FWC concluded that the agreement met all necessary legal requirements and was fair and reasonable. Consequently, the Commission approved the Allied Pinnacle (Truganina) VIC Distribution Enterprise Agreement 2022-2025, ensuring its implementation for the stipulated period.

Allied Pinnacle Pty Limited T/A Allied Pinnacle Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established