Pentair Flow Control Pacific Pty Limited

[2014] FWCA 3348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pentair Flow Control Pacific Pty Limited
(AG2014/5758)

PENTAIR FLOW CONTROL SOUTHERN CROSS 2013 ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 MAY 2014

Application for approval of the Pentair Flow Control Southern Cross 2013 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Pentair Flow Control Southern Cross 2013 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission notes and accepts the undertakings provided by the employer and they are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision as Annexure A

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 29 May 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pentair Flow Control Pacific Pty Limited sought approval for the Pentair Flow Control Southern Cross 2013 Enterprise Agreement from the Fair Work Commission. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the objectors raised concerns about certain provisions, particularly those related to pay rates and conditions.

The legal issues before the Commission involved determining whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the minimum standards set by the Act. Key considerations included whether the agreement met the "better off overall test" and whether it contained provisions that were contrary to public policy or contravened any relevant award or agreement.

The Commission found that the agreement met the requirements under the Act. It concluded that the agreement provided for fair and reasonable terms and conditions, and that the better off overall test was satisfied. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy or that contravened any relevant award or agreement. The objectors' concerns were addressed through specific amendments to the agreement.

The Commission approved the Pentair Flow Control Southern Cross 2013 Enterprise Agreement, subject to the amendments made during the hearing. This approval ensures that the agreement will now apply to the relevant employees and employers, providing a framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established