DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Pinnacle Pty Ltd
(AG2017/4852)

ALLIED PINNACLE TAMWORTH FOOD INGREDIENTS ENTERPRISE AGREEMENT 2016-2019

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

Application for approval of the Allied Pinnacle Tamworth Food Ingredients Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Allied Pinnacle Tamworth Food Ingredients 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 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allied Pinnacle Pty Ltd applied for approval of an enterprise agreement with its employees under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements for registration. The dispute involved the terms and conditions of employment for the employees, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it contained the required minimum terms and conditions, and whether it had been properly certified by the relevant union or authorised bargaining agent. The Commission also had to consider whether the agreement provided for proper dispute resolution mechanisms and whether it complied with the relevant provisions of the Fair Work Act.

After reviewing the evidence and submissions from the parties, the Commission found that the agreement met the requirements for registration. The Commission determined that the agreement had been made in good faith, contained the required minimum terms and conditions, and was certified by the relevant union. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and complied with the relevant provisions of the Fair Work Act.

The Commission approved the Allied Pinnacle Tamworth Food Ingredients Enterprise Agreement 2016-2019, and it became legally binding on the parties from the date of the decision. The agreement will remain in effect until it is replaced by a new agreement or until it is terminated in accordance with the Fair Work Act.

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