Pentair Water and Environmental Systems Pty Ltd Summary

[2013] FWCA 5741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pentair Water and Environmental Systems Pty Ltd
(AG2013/1688)

PENTAIR WATER AND ENVIRONMENTAL SYSTEMS CURRUMBIN PRODUCT CENTRE, ENTERPRISE AGREMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 15 AUGUST 2013

Application for approval of the Pentair Water and Environmental Systems Currumbin Product Centre, Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pentair Water and Environmental Systems Currumbin Product Centre, Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Pentair Water and Environmental Systems Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 8 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 22 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pentair Water and Environmental Systems Pty Ltd applied to the Fair Work Commission for approval of the Pentair Water and Environmental Systems Currumbin Product Centre, Enterprise Agreement 2013. The application was opposed by the Australian Manufacturing Workers Union, representing some of the employees at the Currumbin Product Centre. The Commission was required to determine whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment.

The central legal issue was whether the agreement provided for minimum terms and conditions that were fair and reasonable. The Commission examined various aspects of the agreement, including the proposed pay rates, classification of employees, and other terms and conditions of employment. The Commission also considered submissions from both parties and relevant precedent.

After considering the evidence and submissions, the Commission concluded that the proposed agreement did provide for fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for above-award rates of pay and other benefits for employees, and that the parties had engaged in genuine bargaining. The Commission also found that the agreement did not contain any terms that were contrary to the public interest.

The Fair Work Commission approved the proposed agreement, subject to certain modifications to address minor technical issues. The modifications did not alter the overall fairness of the agreement, and the Commission was satisfied that it met the requirements of the Fair Work Act. The parties were directed to implement the agreement, with the modifications, as soon as practicable.

Pentair Water and Environmental Systems Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established