DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Ltd
(AG2017/5343)

ALLIED PINNACLE KINGSGROVE ENTERPRISE AGREEMENT 2016-2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER SAUNDERS	NEWCASTLE, 15 DECEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Allied Pinnacle Kingsgrove 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] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 1 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allied Pinnacle Pty Ltd, the employer, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the Allied Pinnacle Kingsgrove Enterprise Agreement 2016-2019, and the dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The matter was heard by the Fair Work Commission.

The primary legal issue the Commission had to decide was whether the enterprise agreement contained proper terms and conditions for employees and whether the agreement had been genuinely negotiated between the employer and the employees' representatives. Another aspect was whether the agreement met the requirements for a simplification and flexibility agreement under the Fair Work Act.

The Fair Work Commission determined that the enterprise agreement did not comply with the requirements for a simplification and flexibility agreement, as the necessary employee representation provisions were not included. However, the Commission found that the agreement was genuine and met the standard requirements for an enterprise agreement. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees and that it had been genuinely negotiated between the parties.

The Commission approved the Allied Pinnacle Kingsgrove Enterprise Agreement 2016-2019, with the condition that the employer include the necessary employee representation provisions to meet the requirements for a simplification and flexibility agreement. The employer was directed to amend the agreement accordingly and lodge the revised agreement with the Commission within 14 days.

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