DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Ltd
(AG2018/168)

ALLIED PINNACLE PICTON ENTERPRISE AGREEMENT 2016 - 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 16 APRIL 2018

Application for approval of the Allied Pinnacle Picton Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Allied Pinnacle Picton Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allied Pinnacle Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2018. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Allied Pinnacle Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Allied Pinnacle Picton Enterprise Agreement 2016-2019. The dispute involved the terms and conditions of employment for employees working under the agreement. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act, specifically sections related to the bargaining process, the content of the agreement, and the avoidance of unfair dismissal. The applicant argued that the agreement was a bona fide product of conciliation and mediation, and that it was free from any provisions that would render it unlawful or ineffective. The Commission needed to assess the fairness and validity of the agreement in light of these statutory provisions.

The Fair Work Commission found that the agreement was indeed the result of genuine conciliation and mediation efforts, and that it contained all the necessary minimum terms and conditions as prescribed by the Fair Work Act. The Commission noted that the agreement provided for reasonable terms and conditions of employment, and that it did not include any provisions that were contrary to the public interest or that would undermine the protections afforded by the Act. Therefore, the Commission approved the Allied Pinnacle Picton Enterprise Agreement 2016-2019, effective from the date of the decision.

In approving the agreement, the Fair Work Commission made an order that the Allied Pinnacle Picton Enterprise Agreement 2016-2019 be approved as a registered agreement under section 186 of the Fair Work Act 2009, effective from the date of the decision. The agreement was to apply to the employees of Allied Pinnacle Pty Ltd covered by the agreement, and it was to remain in force until the end of its term or until it was terminated or replaced by a new 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