Application for approval of the Allied Pinnacle Tennyson Enterprise Agreement 2025- 2028

[1] An application has been made for approval of an enterprise agreement known as the Allied Pinnacle Tennyson Enterprise Agreement 2025- 2028 (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 Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] I note that there was a minor discrepancy between the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) and the Agreement. I regard this as a minor technical error within the meaning of s.188(5). I am satisfied that the employees were not likely to have been disadvantaged by the error and that the error can therefore be disregarded under that section.

[3] 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.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Food, Beverage and Tobacco Manufacturing Award 2020 and the Manufacturing and Associated Industries or Occupations Award 2020 is taken to be a term of the Agreement.

[7] The United Workers' Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

[8] The Agreement is approved and in accordance with s.54 of the Act will operate from 3 March 2026. The nominal expiry date of the Agreement is 1 April 2028.

Printed by authority of the Commonwealth Government Printer

Section 185 - Application for approval of a single enterprise agreement

I, Robert Lee, Head of Employee Relations, have the authority given to me by Allied Pinnacle Pty Limited to give the following undertakings with respect to the Allied Pinnacle Tennyson Enterprise Agreement 2025-2028 ("the Agreement"):

Where a part-time employment agreement has been reached in accordance with Clause 13 of the Agreement, the terms of the part-time agreement may be varied by consent in writing.

1. Clause 13 - Casual Loading All Purpose Rate/Clause 24.1 - Work on Public Holiday

The 25% casual loading constitutes a casual employee's all purpose rate.

Accordingly, notwithstanding 24.1 of the Agreement, a casual shall be entitled to the casual loading in addition to the applicable penalty for work on a public holiday.

An employee required to work a non-continuous afternoon or night shift, as defined in Clause 24(1)(d) of the Food Beverage and Tobacco Manufacturing Award 2020 or Clause 33.2(e) of the Manufacturing and Associated Industrial and Occupational Award 2020 shall be paid 150% of the ordinary hourly rate for the first 3 hours and 200% of the ordinary hourly rate after 3 hours. Such payment is in substitution for any other afternoon or night shift penalty prescribed by the Agreement.

Provided that this provision does not apply where the arrangement is made to accommodate mutually agreed or customary rotation of shifts.

1. Clause 13.8 - Saturday Overtime - Minimum Engagement

An employee required to work overtime on a Saturday (not adjoining ordinary hours) shall be paid for a minimum of 4 hours work.

These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.