DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Ltd
(AG2021/6528)

ALLIED PINNACLE (YATALA) AND THE UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020 – 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 26 AUGUST 2021

Application for approval of the Allied Pinnacle (Yatala) and the United Workers Union Enterprise Agreement 2020 - 2022.

[1] Allied Pinnacle Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Allied Pinnacle (Yatala) and the United Workers Union Enterprise Agreement 2020 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (UWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The 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) of the Act I note that the Agreement covers the UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2021. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Allied Pinnacle, applied for approval of an enterprise agreement between itself and the United Workers Union. The agreement, covering the period from 2020 to 2022, was the subject of a dispute between the parties, leading to the application being brought before the Fair Work Commission. The legal issues that arose centred on whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it was made in good faith and whether it contained the necessary minimum terms and conditions. The court was also required to determine whether the agreement was fair and whether it had been appropriately negotiated.

The court examined the process by which the agreement was negotiated and concluded that it was made in good faith. It found that the agreement contained all the required minimum terms and conditions and that it was fair. The court also noted that the agreement addressed key issues of concern to both parties and provided a balanced outcome. In particular, the court highlighted the agreement's provisions on wages, hours of work, and redundancy payments as evidence of its fairness. The court was satisfied that the agreement had been appropriately negotiated and that it met the requirements of the Act.

In light of the above, the court approved the agreement. The court found that the agreement was fair and that it met all the requirements of the Fair Work Act 2009. The court noted that the agreement provided a balanced outcome for both parties and that it addressed key issues of concern. The court was satisfied that the agreement had been made in good faith and that it had been appropriately negotiated. The court therefore granted the application for approval of the agreement.

Allied Pinnacle Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established