Pentair Flow Technologies Pty Ltd
[2024] FWCA 4498
•16 DECEMBER 2024
| [2024] FWCA 4498 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Pentair Flow Technologies Pty Ltd
(AG2024/4599)
PENTAIR FLOW TECHNOLOGIES MILPERRA SITE ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER MCKINNON | SYDNEY, 16 DECEMBER 2024 |
Application for approval of the PENTAIR Flow Technologies Milperra Site Enterprise Agreement 2024
Pentair Flow Technologies Pty Ltd has applied for approval of a single enterprise agreement known as the PENTAIR Flow Technologies Milperra Site Enterprise Agreement 2024 (the Agreement).
The agreement-making process was affected by error. The Notice of Employee Representation Rights described a narrower group of employees than the coverage of the Agreement. Further, not all employees were given notice of the time, place and voting method for the Agreement or a copy of the Agreement at least seven clear days before the vote to approve the Agreement commenced. Despite these errors, I am satisfied the process was made available to all relevant employees and that a relevant majority of employees voted to approve the Agreement. The voting participation rate and ultimate result confirms that the errors could not have affected the overall outcome. I am satisfied in the circumstances that the process was affected by minor procedural errors that are not likely to have disadvantaged any employee and that the Agreement has been genuinely agreed.
On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.
The Agreement is approved and will operate from 23 December 2024. The nominal expiry date of the Agreement is 30 June 2026.
The Agreement covers The Australian Workers’ Union.
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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