DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pentair Water Australia Pty Ltd
(AG2016/7794)

PENTAIR WATER AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 MARCH 2017

Application for approval of the Pentair Water Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pentair Water Australia Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pentair Water Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 was approved on 3 March 2017 and, in accordance with s.54, will operate from 10 March 2017. The nominal expiry date of the Agreement is 4 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pentair Water Australia Pty Ltd applied to the Fair Work Commission for approval of the Pentair Water Australia Pty Ltd Enterprise Agreement 2016. The applicant sought to have the agreement approved as a single interest employer agreement under section 231 of the Fair Work Act 2009. The relevant employees were members of the Manufacturing and Associated Industries and Occupations Union. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other matters.

The primary legal issue before the Commission was whether the agreement contained the necessary provisions to be approved under the Act. The Commission considered whether the agreement provided for the employees' wages and conditions of employment, including minimum rates of pay, overtime, penalty rates, and other matters. The Commission also examined whether the agreement included provisions for the resolution of disputes between the parties and whether it provided for the protection of employees' rights.

The Fair Work Commission found that the agreement contained the necessary provisions to be approved under the Act. The agreement provided for the employees' wages and conditions of employment, including minimum rates of pay, overtime, and penalty rates. The agreement also included provisions for the resolution of disputes between the parties and the protection of employees' rights. The Commission was satisfied that the agreement was in the best interests of the employees and approved it as a single interest employer agreement. The parties were directed to take all steps necessary to give effect to the agreement.

Pentair Water Australia 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