Application by Allied Pinnacle Pty Limited
Citation: [2026] FWCA 1720
What happened
Allied Pinnacle Pty Limited applied to have an enterprise agreement, titled 'Allied Pinnacle (Yatala) and the United Workers Union Enterprise Agreement 2025 – 2027', approved. The application was made under section 185 of the Fair Work Act 2009. The United Workers’ Union lodged a statutory declaration indicating they wished the agreement to cover them. Allied Pinnacle provided written undertakings related to part-time minimum engagement.
What was decided
The Fair Work Commission approved the enterprise agreement. the Commissioner noted that clause 22 regarding compassionate leave was likely inconsistent with the National Employment Standards (NES). the Commissioner confirmed that where inconsistencies exist, the more beneficial entitlements under the NES will prevail. The agreement covers the United Workers’ Union and expires on September 30, 2027. The undertakings provided by Allied Pinnacle are considered a term of the agreement.
What it means for employers
Employers should carefully review enterprise agreements to ensure consistency with the National Employment Standards (NES). Any inconsistencies must be addressed, ensuring the more beneficial NES entitlements apply. Providing clear and legally sound undertakings can help secure approval for an enterprise agreement.
What it means for employees
Employees covered by this agreement benefit from the terms outlined in the 'Allied Pinnacle (Yatala) and the United Workers Union Enterprise Agreement 2025 – 2027'. Where the agreement conflicts with the National Employment Standards, the NES entitlements will apply.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →