DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pinnacle Bakery & Integrated Ingredients Pty Ltd
(AG2016/1429)

PINNACLE BAKERY & INTEGRATED INGREDIENTS PTY LTD ALTONA SITE ENTERPRISE AGREEMENT 2016-18

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 JULY 2016

Application for approval of the Pinnacle Bakery & Integrated Ingredients Pty Ltd Altona Site Enterprise Agreement 2016-18.

[1] An application has been made for approval of an enterprise agreement known as the Pinnacle Bakery & Integrated Ingredients Pty Ltd Altona Site Enterprise Agreement 2016-18 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pinnacle Bakery & Integrated Ingredients 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 22 July 2016 and, in accordance with s.54, will operate from 29 July 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Pinnacle Bakery & Integrated Ingredients Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between the company and its employees. The application arose from negotiations between the employer and the union representing the employees. The employees, who are members of a trade union, sought to finalise an agreement that would govern their working conditions for the period from 2016 to 2018. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the commission involved verifying that the agreement was made in good faith, that it included the necessary minimum entitlements, and that the process of its creation complied with the provisions of the Fair Work Act. Additionally, the commission had to ensure that the agreement did not adversely affect the employees' right to take protected industrial action. It was also necessary to consider whether the agreement was fair and reasonable in all its terms, taking into account the economic circumstances of the parties.

The commission found that the agreement was made in good faith and contained all the mandated minimum entitlements. The process by which the agreement was negotiated was deemed to be compliant with the act. The commission determined that the agreement did not unfairly limit the employees' right to take protected action and was fair and reasonable given the economic context. Consequently, the commission approved the agreement, finding that it met all the statutory requirements for such agreements.

The final orders of the commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees until its expiry in 2018. The commission's decision also mandated that any changes to the agreement in the future must again be subject to the approval process under the Fair Work Act.

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