DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pentair Flow Technologies Pacific Pty Ltd
(AG2017/911)

PENTAIR FLOW TECHNOLOGIES SOUTHERN CROSS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 10 APRIL 2017

Application for approval of the Pentair Flow Technologies Southern Cross Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pentair Flow Technologies Southern Cross 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 Technologies Pacific Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

Pentair Flow Technologies Pacific Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Pentair Flow Technologies Southern Cross Enterprise Agreement 2016. The application involved determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues that the Fair Work Commission was required to decide included whether the agreement was made in good faith and whether it provided for the proper classification of employees, as well as whether it met the requirement of being a genuine enterprise agreement.

The Fair Work Commission examined the application and the agreement in detail. It considered whether the bargaining process was conducted in good faith, the classification and conditions of the employees, and whether the agreement provided for a fair and reasonable set of terms and conditions. The Commission found that the agreement was made in good faith and that it properly classified the employees. Additionally, the Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and that it met all the requirements for approval under the Fair Work Act. Consequently, the Fair Work Commission approved the agreement.

The Fair Work Commission's approval of the agreement was based on its finding that the agreement met all the necessary criteria for approval under the Fair Work Act. The Commission noted that the agreement was a genuine enterprise agreement that had been made in good faith and that it provided for the proper classification of employees. Furthermore, the Commission found that the agreement provided for fair and reasonable terms and conditions, and that it met all the requirements for approval. The Commission's decision was final, and the agreement was approved as a valid enterprise 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