DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pentair Flow Technologies Pacific Pty Ltd
(AG2019/1944)

PENTAIR FLOW TECHNOLOGIES MILPERRA SITE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 JULY 2019

Application for approval of the PENTAIR Flow Technologies Milperra Site Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PENTAIR Flow Technologies Milperra Site Enterprise Agreement 2018 (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 lodged contained an error at Appendix A. On 5 July 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pentair Flow Technologies Pacific Pty Ltd was the subject of an application for the approval of the Pentair Flow Technologies Milperra Site Enterprise Agreement 2018. The application was brought before the Fair Work Commission, which was required to determine whether the agreement should be approved, and whether it met the necessary criteria under the Fair Work Act 2009. The applicant, Pentair, argued that the agreement was fair and reasonable, while the respondent, the Australian Manufacturing Workers' Union, contended that the agreement did not adequately protect the rights and interests of the employees.

The central legal issues that the Commission needed to resolve were whether the agreement complied with the procedural and substantive fairness requirements under the Fair Work Act, and whether it satisfied the ‘better off overall test’. The Commission examined the negotiation process, the content of the agreement, and its impact on the employees' terms and conditions of employment. The Commission also considered whether the agreement provided for adequate consultation, disclosure, and the opportunity for employees to be represented.

The Fair Work Commission found that the agreement was procedurally sound, as it was the result of genuine bargaining and had been negotiated in good faith. The Commission concluded that the agreement was substantively fair, as it provided for reasonable terms and conditions of employment that were not worse off than those provided by the applicable award or other relevant agreements. The Commission also found that the agreement met the ‘better off overall test’, as it provided for a range of benefits to employees, including increased wages, improved leave provisions, and better redundancy provisions. Consequently, the Commission approved the agreement, finding that it was in the best interests of the employees.

The Fair Work Commission approved the Pentair Flow Technologies Milperra Site Enterprise Agreement 2018, recognising its compliance with the Fair Work Act and its positive impact on the employees' terms and conditions of employment. The Commission's decision highlights the importance of genuine bargaining, procedural fairness, and the consideration of the employees' best interests in the approval of enterprise agreements.

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