Application by Allied Pinnacle Pty Limited
Citation: [2026] FWCA 1768
What happened
Allied Pinnacle Pty Limited applied to have the Allied Pinnacle Tennyson Distribution Centre (Drivers) Enterprise Agreement 2026 approved. The agreement covers employees at their Tennyson Distribution Centre and is for the food, beverages and tobacco manufacturing industry. The Transport Workers' Union of Australia (TWU) notified the Fair Work Commission that they wished the agreement to cover them. The application was made under section 185 of the Fair Work Act 2009.
What was decided
The Fair Work Commission approved the Allied Pinnacle Tennyson Distribution Centre (Drivers) Enterprise Agreement 2026. the Commissioner noted some clauses were inconsistent with the National Employment Standards, but that the more beneficial entitlements in the NES would prevail. The agreement also lacked a delegates’ rights term, so the prescribed term from the Road Transport and Distribution Award 2020 will apply. The agreement covers the TWU and expires on December 31, 2028.
What it means for employers
Employers should ensure enterprise agreements are consistent with the National Employment Standards or provide more beneficial entitlements. Agreements must also include compliant delegates’ rights terms, or incorporate the prescribed term from relevant awards. Reviewing clauses carefully before seeking approval is essential.
What it means for employees
Employees covered by this agreement will benefit from the more generous entitlements provided by the National Employment Standards where there's a conflict with the enterprise agreement. The TWU is covered by the agreement, providing representation for employees.
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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 →