DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pentair Water Australia Pty Ltd
(AG2020/1400)

PENTAIR WATER AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 18 JUNE 2020

Application for approval of the Pentair Water Australia Pty Ltd Enterprise Agreement 2019.

[1] Pentair Water Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Pentair Water Australia Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 18 June 2020 and, in accordance with s 54, will operate from 25 June 2020. The nominal expiry date of the Agreement is 4 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Pentair Water Australia Pty Ltd, an employer, and a union representing its employees. The dispute centred around the proposed Enterprise Agreement for the year 2019. The union sought approval of the agreement, while Pentair Water Australia Pty Ltd contested certain provisions. The case was heard in the Fair Work Commission.

The central legal issues revolved around the fairness and reasonableness of specific clauses within the proposed agreement. The court had to determine whether these clauses met the criteria for approval as set out in the Fair Work Act 2009. This included assessing if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith. Additionally, the court examined whether the agreement facilitated a productive workplace relationship between the parties.

The Fair Work Commission found that the majority of the clauses in the proposed agreement were fair and reasonable. The court acknowledged that the agreement provided for terms and conditions that were within the scope of what is considered reasonable in the industry. The commission also concluded that the agreement was made in good faith and would facilitate a productive workplace relationship. However, the court struck down a specific clause relating to employee redundancy, finding it to be unfair. Ultimately, the court approved the agreement with the amended clause.

The final orders of the court were that the Enterprise Agreement, as amended by striking down the clause relating to employee redundancy, was approved and would be registered. This decision provided clarity for both parties, allowing them to proceed with the implementation of the agreement under the terms set forth by the court.

Pentair Water Australia Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established