ALLIED PINNACLE KINGSGROVE ENTERPRISE AGREEMENT 2026-2028

Application for approval of the Allied Pinnacle Kingsgrove Enterprise Agreement 2026-2028

[1] Allied Pinnacle Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Allied Pinnacle Kingsgrove Enterprise Agreement 2026-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Food, Beverage and Tobacco Manufacturing Award 2020 (the Award).

Inconsistency with the National Employment Standards (NES)

[3] The following provisions of the Agreement appear inconsistent with the NES:

1. Clauses 26.4(b) and 26.5(b) appear more restrictive than s.107(2) of the Act which allows for notice to be given to the employer as soon as practicable which may be a time after the leave has started.

2. Clause 23 states that if an employee fails to give notice the Employer has the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice. Clause 34.1(d) of the Award limits this amount to one week's wages. As such clause 23 of the Agreement may have the effect of permitting the Employer to withhold NES entitlements on termination.

3. Clause 26.9 provides for compassionate leave; however, the clause is silent on the entitlement when the employee, their spouse or partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s.104(1)(b) of the Act.

[4] I note that in accordance with the NES precedence term in clause 6.3 of the Agreement, where there is inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

[5] The Commission raised the following issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to the Award:

1. The Agreement does not provide safeguards in relation to engaging part-time employees nor minimum hours of engagement. Under Clauses 9.3 and 9.4 of the Award, the employer and employee must agree in writing to numerous matters including the hours and days of work. Further, Clause 9.2 of the Award states that part-time employees must be engaged for a minimum of four hours (or three hours by request of the employee).

2. The Agreement does not contain the shiftwork penalties provided under clause 24.3 of the Award. In relation to the 'early morning' shift referenced in this provision, I am satisfied, based on the submissions of the Employer, that the early morning shift penalty in clause 24.3 of the Award applies to a pattern of work not reasonably foreseeable given the nature of the Employer's enterprise.

3. Clause 17.7 of the Agreement allows for employees to access time off in lieu of payment of overtime by written agreement with the Employer. The clause appears to be silent on when the time off must be taken and what happens when employees request to be paid overtime rather than taking time off as provided in clause 23.7 of the Award.

[6] The Employer provided written undertakings to address the above BOOT issues. A copy of the undertakings is attached in Schedule 1 of the Agreement. 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. The undertakings are taken to be a term of the Agreement.

[7] Subject to the undertakings referred to above, 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.

[8] The United Workers' Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement.

[9] In accordance with s.201(2), I note that the Agreement covers the UWU.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2026. The nominal expiry date of the Agreement is 1 December 2028.

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