Pentair Flow Control Pacific Pty Limited Summary

[2014] FWCA 5574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pentair Flow Control Pacific Pty Limited
(AG2014/6797)

PENTAIR CAS AND WATERFLOW - MILPERRA SITE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 AUGUST 2014

Application for approval of the Pentair CAS and Waterflow - Milperra Site Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pentair CAS and Waterflow - Milperra Site Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Pentair Flow Control Pacific Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 August 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pentair Flow Control Pacific Pty Limited sought approval of the Pentair CAS and Waterflow - Milperra Site Enterprise Agreement 2014. The application was brought before the Fair Work Commission (FWC), which was required to determine whether the agreement complied with the provisions of the Fair Work Act 2009 (Cth). The application was opposed by the National Tertiary Education Union (NTEU), which argued that the agreement did not meet the requirements for approval.

The key legal issues before the FWC were whether the agreement satisfied the criteria set out in the Fair Work Act 2009 for approval and whether the agreement was made in good faith and without coercion. The FWC had to consider the terms of the agreement, the process by which it was negotiated, and the context in which it was made. In particular, the FWC had to consider whether the agreement provided for the appropriate minimum entitlements for employees, including minimum wages, leave entitlements, and other benefits.

The FWC found that the agreement met the requirements for approval under the Fair Work Act 2009. The FWC was satisfied that the agreement had been made in good faith and without coercion, and that it provided for the appropriate minimum entitlements for employees. The FWC noted that the agreement had been negotiated over a period of several months, with input from both the employer and the union. The FWC also noted that the agreement contained provisions for dispute resolution and other mechanisms to ensure that it was implemented effectively.

The FWC approved the Pentair CAS and Waterflow - Milperra Site Enterprise Agreement 2014, subject to certain conditions. The FWC ordered that the agreement be registered with the Fair Work Commission, and that it be brought into effect on the date of the decision. The FWC also made orders relating to the implementation of the agreement and the resolution of any disputes that may arise in relation to it.

Pentair Flow Control Pacific Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established