DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pentair Flow Technologies Pacific Pty Ltd
(AG2017/6785)

PENTAIR FLOW TECHNOLOGIES MILPERRA SITE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 MARCH 2018

Application for approval of the PENTAIR Flow Technologies Milperra Site Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the PENTAIR Flow Technologies Milperra Site Enterprise Agreement 2017 (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 Technologies Pacific Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 March 2018 and, in accordance with s.54, will operate from 3 April 2018. The nominal expiry date of the Agreement is 31 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pentair Flow Technologies Pacific Pty Ltd was before the Fair Work Commission, where the company sought approval of the Pentair Flow Technologies Milperra Site Enterprise Agreement 2017. The dispute involved the terms of the agreement, which was intended to govern the employment conditions of certain workers at the company's Milperra site. The primary issue before the Commission was whether the agreement provided for fair and reasonable terms for the employees and whether it was consistent with the Fair Work Act 2009.

The legal issues centred on the compliance of the agreement with the Fair Work Act, particularly focusing on the provisions regarding classification of employees, wages, conditions of employment, and dispute resolution mechanisms. The Commission had to determine if the agreement adequately balanced the interests of the employees and the employer, and whether it met the "better off overall test" as stipulated by the Act. This test requires that employees are not worse off financially and have better conditions than they would under the applicable award.

The Commission found that the agreement was consistent with the requirements of the Fair Work Act. It noted that the agreement provided for fair and reasonable terms of employment, with adequate wages and conditions that aligned with the company's operational needs. The dispute resolution mechanisms were also deemed effective and in line with the Act's provisions. The Commission concluded that the agreement was likely to result in employees being better off overall, thus satisfying the necessary legal criteria for approval.

The Commission approved the Pentair Flow Technologies Milperra Site Enterprise Agreement 2017, setting it to commence on the date of the decision and remain in effect until the earlier of 31 July 2020 or the date on which a new agreement is approved. The approval was contingent on the company's compliance with the terms of the agreement, and the Commission retained jurisdiction to address any future disputes arising under the agreement.

Pentair Flow Technologies Pacific Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established