DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pentair Flow Control Pacific Pty Limited
(AG2016/5072)

PENTAIR VALVES & CONTROLS, WURRUK SERVICE WORKSHOP ENTERPRISE BARGAINING AGREEMENT 2016 TO 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the Pentair Valves & Controls, Wurruk Service Workshop Enterprise Bargaining Agreement 2016 to 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pentair Valves & Controls, Wurruk Service Workshop Enterprise Bargaining Agreement 2016 to 2019 (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. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 30 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pentair Flow Control Pacific Pty Limited applied to the Fair Work Commission for the approval of the Pentair Valves & Controls, Wurruk Service Workshop Enterprise Bargaining Agreement 2016 to 2019. The application was made by the employer under section 233 of the Fair Work Act 2009. The union representing the employees, United Voice, did not object to the application. The union had previously certified the proposed agreement as a new enterprise agreement under section 225 of the Fair Work Act 2009.

The legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, including compliance with the good faith bargaining provisions, and whether the agreement was in the best interests of the employees. The Commission noted that the agreement contained provisions for wages, allowances, penalties and loadings, hours of work, shift arrangements, leave, termination of employment, and dispute resolution. The Commission also noted that the agreement did not contain any provisions that were contrary to the public interest or that would undermine the operation of the industrial relations system.

The Commission found that the proposed agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The Commission approved the agreement, which will now apply to the employees covered by the agreement from 1 April 2016 to 31 March 2019. The agreement will provide the employees with a fair and reasonable set of terms and conditions of employment, and will facilitate productive and cooperative industrial relations between the employer and the employees. The employer and the union are bound by the agreement and must comply with its terms.

Pentair Flow Control Pacific Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established