Pentair Flow Technologies Pty Ltd

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pentair Flow Technologies Pty Ltd applied for the approval of the Pentair Flow Technologies Milperra Site Enterprise Agreement 2024. The application was made under section 186 of the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The respondents to the application included the company's employees, represented by a union, who raised concerns regarding specific provisions of the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and if it adhered to the statutory minimum standards outlined in the Act. The Commission also had to consider whether the agreement had been made in good faith and whether it contained appropriate dispute resolution mechanisms.

The Commission found that the enterprise agreement, while containing some provisions that did not meet the statutory minimum standards, could be approved with certain modifications. The Commission exercised its power under section 234 of the Act to make orders that altered the agreement to ensure compliance with the minimum standards. The modifications included adjustments to the provisions on leave entitlements and redundancy payments, ensuring they met the requirements set out in the Act. The Commission concluded that the agreement, as modified, provided fair and reasonable terms and conditions for the employees and could be approved.

The Fair Work Commission approved the Pentair Flow Technologies Milperra Site Enterprise Agreement 2024, subject to the modifications made to the leave entitlements and redundancy payments provisions. The Commission's decision was based on its finding that the modified agreement met the necessary criteria for approval under the Fair Work Act. The employees' union and Pentair Flow Technologies Pty Ltd were notified of the Commission's decision and the specific modifications to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established