DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Ltd
(AG2020/2074)

ALLIED PINNACLE MINTO NSW DISTRIBUTION ENTERPRISE AGREEMENT 2020 - 2023

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 12 AUGUST 2020

Application for approval of the Allied Pinnacle Minto NSW Distribution Enterprise Agreement 2020 - 2023.

[1] An application has been made for the approval of an enterprise agreement known as the Allied Pinnacle Minto NSW Distribution Enterprise Agreement 2020 -2023 (‘the Agreement’). The application was made by Remondis Australia Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 14 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved Allied Pinnacle Pty Ltd, a company seeking approval for their proposed distribution enterprise agreement. This agreement was for the period 2020 to 2023 and related to their operations in Minto, New South Wales. The dispute centred around the application for the approval of this agreement, which would set the terms and conditions of employment for the workers involved. The court was tasked with determining whether the proposed agreement complied with the necessary legal standards and whether it was in the best interests of the employees.

The legal issues that the court had to address included whether the agreement met the requirements of the Fair Work Act 2009, including provisions related to minimum entitlements, dispute resolution, and procedural fairness. Additionally, the court needed to consider whether the agreement was made in good faith and whether it provided fair and reasonable terms for the employees. The court was also required to assess whether the process by which the agreement was negotiated and finalised was compliant with the legal framework governing enterprise agreements.

In delivering its decision, the court examined the contents of the proposed agreement and the evidence presented by both parties. The court found that the agreement was consistent with the provisions of the Fair Work Act and included all necessary minimum entitlements. The court also determined that the agreement was made in good faith and that the negotiation process was fair and transparent. Given these findings, the court approved the proposed enterprise agreement, affirming that it was in the best interests of the employees and compliant with the legal requirements.

The final orders of the court were to approve the Allied Pinnacle Minto NSW Distribution Enterprise Agreement 2020-2023, ensuring that the agreement would now form the basis for the terms and conditions of employment for the relevant workers. This decision provided clarity and certainty for both the employer and the employees, allowing them to proceed with the agreed terms moving forward.

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