DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pentair Flow Control Pacific Pty Limited ACN 000 922 690
(AG2016/4970)

PENTAIR CAS MILPERRA SITE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 1 SEPTMEBER 2016

Application for approval of the Pentair CAS Milperra Site Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pentair CAS Milperra Site Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pentair Flow Control Pacific Pty Limited ACN 000 922 690. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 1 September 2016 and, in accordance with s.54, will operate from 8 September 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXUE A

CaseChat Overview and Summary

Pentair Flow Control Pacific Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement. The company argued that the agreement had been fairly negotiated and met the requirements of the Fair Work Act. The Australian Manufacturing Workers' Union opposed the application, claiming the agreement did not provide adequate pay and conditions for employees.

The legal issues before the Commission were whether the agreement was genuinely negotiated and if it met the standards of the Fair Work Act. The Commission examined the negotiation process, the contents of the agreement, and if it provided fair terms and conditions for the employees.

The Fair Work Commission found that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. The Commission considered the negotiation process to be robust and transparent. The agreement provided for fair terms and conditions for the employees, including pay rates, leave entitlements, and dispute resolution mechanisms. The Commission approved the agreement, and it will now be binding on the parties from the date of the decision.

The Fair Work Commission approved the Pentair CAS Milperra Site Enterprise Agreement 2016. The decision is final and binding on the parties. The agreement will now be in effect, providing the terms and conditions of employment for the employees covered by the agreement.

Pentair Flow Control Pacific Pty Limited ACN 000 922 690

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established