austlii:cth/FWCA/2026/219
General information, not legal advice.
FWCA
2026-02-03
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
ALLIED PINNACLE PICTON ENTERPRISE AGREEMENT 2025 - 2028
Application for approval of the Allied Pinnacle Picton Enterprise Agreement 2025-2028
[1] An application has been made for approval of an enterprise agreement known as the Allied Pinnacle Picton Enterprise Agreement 2025 - 2028 (Agreement). The Application was made by Allied Pinnacle Pty Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. I am 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.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] To avoid doubt, clause 30A of the Food, Beverage and Tobacco Manufacturing Award 2020 as amended by the Full Bench on 23 January 2026 will be taken to be a term of the Agreement and will be taken to be the version of the delegates' rights clause that is referenced in clause 42 of the Agreement.
[5] Noting clause 4.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Australian Workers' Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.
[7] The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 October 2028.

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