DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pinnacle Bakery & Integrated Ingredients Pty Ltd
(AG2017/1752)

PINNACLE BAKERY & INTEGRATED INGREDIENTS PTY LTD, WILLAWONG DISTRIBUTION SITE ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 31 MAY 2017

Application for approval of the Pinnacle Bakery & Integrated Ingredients Pty Ltd, Willawong Distribution Site Enterprise Agreement 2017.

[1] On 17 May 2017, Pinnacle Bakery & Integrated Ingredients Pty Ltd (Applicant) made an application for approval of the Pinnacle Bakery & Integrated Ingredients Pty Ltd, Willawong Distribution Site Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Transport Workers’ Union of Australia and the National Union of Workers have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Transport Workers’ Union of Australia and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 7 June 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for approval of the Pinnacle Bakery & Integrated Ingredients Pty Ltd, Willawong Distribution Site Enterprise Agreement 2017. The application was brought by the employer, Pinnacle Bakery & Integrated Ingredients Pty Ltd, and the dispute concerns the terms and conditions of employment for employees at the Willawong Distribution Site. The matter was heard by the Fair Work Commission (FWC) in Australia.

The central legal issue before the FWC was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether it was a "better off overall test" (BOOT) agreement. This involves assessing whether the agreement provides employees with improved terms and conditions of employment compared to the applicable awards or existing agreements. The FWC had to consider the bargaining positions of both parties, the fairness of the terms proposed, and the overall benefits to the employees.

The FWC concluded that the proposed agreement satisfied the BOOT requirements. The Commission found that the agreement provided employees with improved terms and conditions, including better wages, leave entitlements, and working conditions. The FWC considered the evidence presented by both the employer and the employee representatives, and found that the agreement was fair and reasonable. The Commission approved the enterprise agreement, noting the significant benefits it provided to the employees.

No further orders were made by the FWC beyond the approval of the enterprise agreement. The decision confirms the importance of ensuring that enterprise agreements provide tangible benefits to employees and that the bargaining process is fair and equitable.

Pinnacle Bakery & Integrated Ingredients 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